UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY COMPLETE MANUAL OF SHORT CONVEYANCING. CONTAININO I.— COMMON FORMS. II.— 250 PRECEDENTS OF ASSURANCES. WITH EXPLANATORY NOTES AND A COPIOUS INDEX. BY HERMAN L. PRIOR, OF Lincoln's inn, esq., barhister at r.Aw. LONDON: WILLIAM AMER, LAW BOOKSELLER AND PUBLISHER, LINCOLN'S INN GATE, CAREY STREET. 1858. r EEEATA ET ADDENDA. Page 20, line 13, after premises insert [including as aforesaid.] 33, last line, for with read including. 34, line 6, after premises insert [including as aforesaid.] 34, line 15, /or with read including. 34, line 22, after premises iiisert [including as aforesaid.] 52, line 18, after apportioned insert as stated in the particular. 52, line 21, 22, for the larger lot in value, or more than one read any. 65, for note (a) substitute After 31st December, 1857, a married woman's reversion in personalty (unless created by her marriage settlement), may be passed by an acknowledged deed, although not settled to her separate use. See 20 & 21 Vict. c. 27. 69, line 15, before covenants insert for herself, her executors and administrators. 132, line Q from bottom for read L. In Precedents numbers 129, 132, after as regards a daughter's share, insert as well original as accrued under this proviso. VIRO INTER PAUCOS JURISCONSULTO INTER DOCTISSIMOS FRATRI UNICO OPTIMO CARISSIMO EHEU! MORTUO JOHANNI y. PRIOR. 8061G7 GENEEAL CONTENTS. PAGE Preface and Table of Contents of the Forms and Precedents . vii Part I. Common Forms (with List prefixed) . . .1 II. Assurances for Value . . . . .45 III. Family Conveyancing Drafts .... 143 IV. Commercial Drafts ..... 241 Appendix A. Specimen Forms of Ordinary Assurances, and an Abstract ..... 295 " B. Specimens of Special Forms . . . 309 * " C. Copyhold Assurances .... 319 General Index . . . . . . .327 PREFACE. The recent admirable Report of the Registration Commis- sion, and the probability of its recommendations being carried into effect, appears to render imperative some attempt at the reconstruction of Conveyancing in all its branches in a very different form to that in which it has hitherto subsisted. The Report is of course limited to Real Property, and especially to the legal sale and transfer of land, the subject to which the Commissioners' attention was especially directed. But the bulk of Conveyancing (at least of that which ordinarily finds its way into counsel's chambers) is even at present composed of transactions in numerous other species of property, as well as of the equitable dealings with land itself. And it would be intolerable that these should subsist in their present cumbrous shape, when the legal transfer was reduced to the simple process recommended by the Commission. In fact, great as the improvements suggested by the Report undoubtedly are, they are as nothing compared with the benefit which would result to the public from the adoption of a sounder system in the general practice of Conveyancing. Now the defects of the present system obviously consist, not so much in any legal technicalities in which the subject is involved (which in most transactions are, or need be, very trifling) as in its notorious verbiage, arising from tlie want of sound uniform [)rinciples of thought and Innguage. Vlll I'REFACE. Had this been otherwise, the application of some external remedy would probably have been more easy and expeditious. But the fact is that these defects have their root in causes which no legislation can well reach ; so that while the prac- tice both of Common Law and Chancery has been extensively and valuably reformed, Conveyancing still flourishes in con- siderable vigour — somewhat less prolix indeed, as the science of law has gradually advanced; and likely to be still more retrenched (in a few prominent particulars) if the Registration Commissioners' Report should be adopted in some future session; but still a real existing evil, of the magnitude of which no one perhaps can properly judge, until he has made the bond fide attempt of ascertaining by actual perusal what his Lease or Marriage Settlement can be all about. The present work aims at supplying some remedy for this state of things, not by striking out any new system, or such as would require a Parliamentary sanction for its use, but by the simple reconstruction of the existing forms upon sounder pi'inciples of language and arrangement. The subject indeed (in addition to the labours of the Commission upon the points referred to them) has already engaged the attention of more than one eminent name; and the writer would hardly have presumed, under ordinary circumstances, to follow in the same path. But he believes it will be found that the various concise treatises which have already appeared are either limited to specific branches of the subject, or, if their scope is more general, present a collection of drafts which, however skilfully executed, are too scanty to amount to more than mere suggestions; appearing in fact rather designed for incidental use under pressure, than as presenting a complete manual which the practitioner may adopt bond fide on all occasions. There appears, therefore, PREFACE. IX to be room for a more complete collection of Precedents, arranged with the same facilities for the preparation of short drafts (under all the heads commonly included in the term Conveyancing) which have for many years subsisted in regrard to Ions; ones; while a further iustification for the appearance of the present volume may perhaps be found in the greatly reduced length of the forms themselves, and the uniform adoption of the principles above adverted to, and which will be presently stated more in detail (a). It may appear singular that, after all, a more extended apology is probably necessary for the attempt at being concise at all. Certainly, there has been a growing opinion of late that the Conveyancing of the last century has been one of tlie scourges of the country. But notwithstanding some tolerably strong expressions of this, the old routine, in actual practice, is still almost universal, overlaying the plainest transactions with an ill-arranged and cumbrous mass of words, and with no justification of the usage excepting certain superstitions of its being (as the phrase goes) " more formal." Without pausing to ventilate this apology, (and before pro- ceeding to a closer analysis of the ingredients of Conveyancing verbiage,) it may be observed that the vitality of this gigantic imposture appears to be really due to two considerations of some moment ; one being, a supposed want of authority to justify departures from the established practice; while another, (a) The "Real Property Forms" in the Bill comprised in the Appendix to the Commissioners' Report (see sect.- 90) will, in the event of its passing, be embodied in the present work. At present, it would be of course premature to adopt them, as they differ from the forms here supplied under the same heads in requiring a Parliamentary sanction to give them validity. And even should the Bill pass, as the use of the new forms will not be compulsory, it may be desirable to include them in an Appendix, leaving those of the present work which apply to the same subjects inlact; as there is often much difliculty in adapting forms under an Act of Parliament to the modifications of actual practice. X PREFACE. scarcely less cogent, has been the not unnatural apprehension that clients might keep aloof from the chambers of a prac- titioner, whose conciseness lopped off the principal part of their emoluments. How far these difficulties are really inhe- rent in Conveyancing remains to be seen. As regards the first, it would seem competent to any writer or draftsman, however humble, to adopt a set of forms purporting to contain just what is necessary and no more — the answer to objectors of course being, If any thing else can be proved to be essential, by all means add it ; if not, where is the authority for its imposition ? And really, as the Law and Equity Courts are (at any rate) at present constituted, there does seem no reason for imputing to the judicial mind that extraordinary dullness of apprehension upon the plainest matters, which Conveyancers seem to have assumed as the charter of their system. The second difficulty above adverted to is certainly of a more formidable character. Happily, however, the subject has been fully noticed in the Report of the Registration Commission ; and, although the attention of the Commission was (as has been already observed) directed only to the subject of Real Property, their suggestions as to the remu- neration of Solicitors (the value of whose services is fully recognised), otherwise than by the length of the instrument, will doubtless extend to all the other branches of Convey- ancing. And, at any rate, it is clear that in these times no system will long survive, which can only justify itself by the object, however desirable, of keeping up professional profits andrespectability . It is now time to refer to some of the principles by which it is conceived Conveyancing might be reduced (without any PREFACE. XI violent change, or such as would require the aid of legislative enactment) to a form not less certain and precise, but far more simple than what is ordinarily in vogue. Now the points in the present system most requiring correction appear to be the employment of recitals ; and the almost invariable want of gene- ralization. As regards the former of these, it really seems wonderful, (excepting for the reasons above stated,) how such a practice could ever have been considered necessary or even tolerable. To a lay mind, it would certainly appear enough that a conveyance from A. to B. should be a conveyance (a) from A. to B., without being a history of A.'s antecedents (and perhaps those of one or two of his ancestors) as well. No doubt, as a literary production, a conveyance is much more complete and satisfactory for exhibiting the preliminary state of the title at length — but, as in practice, this has always been well sifted beforehand, and every party to the instrument is assumed to be cognizant of it, it does seem monstrous that the entire process should be gone through again, and the draft swelled to thrice its length, for the benefit of some exoteric reader in after times ; who, even if he exist, will not accept these statements on the faith of the document itself, but require their strict proof, viewing the document not as an isolated fact, but as merely one link in the chain of title. But it may be fairly urged, should a conveyance then be in every case a mere general transfer of the parties' interest, without identifying in any manner the capacity in whicli they execute ? Certainly not — and if it should hereafter happily form the subject of a " General Order," that recitals in deeds should not be allowed for on taxation except under special circumstances, the character and grounds of execution («) Tlic tt'iiu conveyance in ihe I'reface is of course uscil (as stated on p. i\), to inchulc all dealings with propeity, real or personal. XI I PREFACE. by the different parties (framed so as to include the benefits of "estoppel" and others of a similar nature) would be the principal test of the conveyancer's skill. It is quite easy to frame such a statement in language clumsy, involved, and even lengthy — but it is also possible, although perhaps not easy, to include it in terms which shall neither encumber the draft nor perplex the reader. The second defect to which we have adverted is the want of generalization — one of the most obvious results of which is the frequent employment of alternative language (a), " rest, residue and remainder" — et id genus omne. Certainly there is a metaphysical distinction between the terms — and the conveyancer, too diffident or too poor to generalize, adopts the safer course, and inserts them all. And a still more mischievous effect is the long and tedious enumeration of particulars, all doubtless capable of being comprehended in some one generic term, but which, according to conveyancing usage, are repeated at length, toties qiwties, throughout the draft, to the confusion of the client's mind, and much to the prejudice of his pocket. Frequently too it has happened (less so indeed in modern times) that in consequence of some unfortunate judicial decision, one of these enumerations, long as it is, has proved after all not to have included precisely the very particular which is most requisite, and the cata- logue is thereupon swelled by the addition of fresh items; thus resembling the road-making of former times, when a cavity of greater depth than ordinary was repaired by the intrusion of a stone of twice its size; the gap was stopped, but the thoroughfare was worse than ever. It will be said, (a) This must of course be distinguished from exhaustive language, which is often indispensable in exact writing. PREFACE. XUl indeed, that this applies to the conveyancing of a period earlier than the present; and this is true to some extent; although even the retrenchments of modern times appear to have gone on the principle of lopping off an obvious excres- cence here and there, instead of the reconstruction, on sound principles, of the entire mode of thought and language (a). It has been the writer's aim in the present work to avoid both the defects above noticed; — the first, by the entire omission of recitals ; the second, by endeavouring to employ in each instance a general term, wide and safe enough to render unnecessary either the employment of alternatives or the tedious specification of particulars. Some other changes have also been introduced, which it is hoped will be found improvements; such as the numerical arrangement of the different clauses of the draft ; the classification of similar clauses (such as " Powers," for instance) under one head, and others which will readily appear upon perusal. To illustrate the working of the forms more clearly, the writer has added some specimen Precedents in Appendix A. ; cer- tainly, not without extreme diffidence as to the mode in which both these, and the entire work, have been executed ; but at the same time with a full conviction, that in more skilful hands the same principles might be applied so as to confer a great public benefit. Indeed, as already observed, some change of the kind seems now almost indispensable. It remains to add a few words in explanation of the general arrangement of the work. The present volume contains (a) Besides, the question is not what is usual in the Chambers of the best Conveyancers (whose tendency is perhaps rather now to a redundancy in the insertion of precautionary clauses), but what is the practice as generally existing. What, for instance, has been the character of the last six months' Conveyancing, under all heads, throughout the country ? XIV PREFACE. what are known to Conveyancers as the " Common Forms'^ (a) — (usually kept ready written for insertion in the par- ticular instruments of the class under which they are arranged) — and Precedents of the ordinary forms of assur- ances in all the usual branches of practice. A large collec- tion of special forms under the same heads (particularly of the "Commercial Drafts" included in Part IV.) will be added in a further volume ; a few selected at random are inserted in Appendix B. of this volume, to show the perfect ease with which the principles of concise drafting may be applied even to complicated interests and limitations. The ordinary forms of Copyhold Assurances, as they relate to a tenure which it is hoped will every day become more excep- tional, are placed by themselves in Appendix C. Appendix A. has been already in part noticed; it contains (besides the specimen assurances above referred to) a specimen of an abstract prepared from an actual original, as the latter v^ould have stood if forms similar to those of the present work had been employed throughout, and the law had stood at the commencement of the title (which is early in the last century) as it does at present. The original (which is certainly rather diffuse) occupies 105 brief sheets; in its reduced form it is comprised in seven pages, the parcels and a schedule of deeds (which are omitted for convenience) probably requiring about a page more {h). (a) Some few of these Common Forms and Precedents will fall under the same heads as the forms in " the Bill " annexed to the Commissioners' Report (see above), should the latter pass into a law in any future session. It has not been thought desirable, however, to await this period; in fact, even should the bill pass, there will still be numerous cases in which the parliamentary forms will not admit of convenient application. (See note on p. ix). (&) Should the Commissioners' Report not be adopted, some of its advantages might be secured (as before observed) by the employment of shorter conveyancing language. Clearly, a title extending over 130 years, and occupying only half a dozen pages of print, would be no serious burden on a property. PREFACE. XV It will be observed that no notes are inserted in the present work excepting such as are explanatory of the different forms; the learning upon Conveyancing Points has in fact been nearly exhausted by the admirable works of Mr. Davidson (a) and Mr. Sweet (b), which leave the Profession nothing to desire — unless, indeed, it be the completion of the remaining volumes. In conclusion, the writer is anxious to disclaim any intention of producing a treatise which shall aspire to render " every man his own conveyancer." On the contrary, the employment of short condensed language in legal documents, (should it ever happily become general) will demand more than ever the aids of professional skill and experience. (a) Martin's Conveyancing, by Davidson, 5 vols. Maxwell. London, 1846. (a fresh edition is in course of publication). (6) Jaruian and Bytliewood's Conveyancing by Sweet. Sweet. London (in course of publication). TABLE OF CONTENTS OF THE FORMS AND PRECEDENTS. PART I. COMMON FORMS . . 1 to^S (See the List of Common Forms prefixed to this Part, and the General Index at the end of the Volume). PART 11. ASSURANCES FOR VALUE. SECTION 1. Conditions and Ageeements on Sales. No. Pags 1 . Conditions of sale of freeholds or leaseholds in one lot . . 47 2. Freeholds or leaseholds in one lot, with special conditions . . 49 3. freeholds or leaseholds in more than one lot . . .51 4. Freeholds or leaseholds in more than one lot, with special conditions . 53 5. Agreement for purchase of fi-eeholds . . . .55 (a) 5a. Agreement for purchase of house and land with fixtures (deferred possession, special arrangement as to title deeds) . . 5G 6. Agreement for purchase of land by a railway company with an agent . 57 7. Agreement for sale of a strip of land adjoining a mineral property, in consideration of a lease of the mines and purchased land . . 58 (a) This Prcfedent is erroneously numbered. b XVI 11 tadfj: OI' coxtkxts SECTION 2. PuECHASE Deeds, Oedinart Fobms. (I.) Sales and Purchases by Bexeficial Owners. No. Page 8. Conveyance in fee of freeholds, with declaration in bar of dower . 59 9. Conveyance of freeholds by a vendor, whose wife joins to bar her dower 60 10. Conveyance of freeholds by a vendor entitled under a limitation to uses in bar of dower ...... 11. Conveyance of freeholds to a purchaser married before 1834 12. Conveyance of an advowson ..... 13. Assignment of leaseholds for years by an assignee of the term 14. Demise of leaseholds by the original lessee, leaving a few days reversion in him ....... 15. Freeholds and leaseholds ..... 16. Personal chattels, life policy, &c. .... 1 7. Wife's freeholds ...... 18. Wife's reversionary personalty settled to her separate use 19. Conveyance of a life estate in freeholds .... 20. Conveyance of freeholds by a tenant for life, and remainderman entitled in fee under a previous deed of disentail 21. Conveyance of freeholds by father and son under a joint power limited by a previous deed of disentail ..... 22. Conveyance of freeholds by tenant for life and tenant in tail 23. Conveyance of freeholds by tenant in tail where there is no protector of the settlement ...... 24. Conveyance of freeholds by persons entitled in equal undivided shares 25. Assignment of leaseholds by persons entitled in unequal undivided shares 26. Assignment of an undivided reversionary share in personalty 27. Conveyance of an equity of redemption (by indorsement) to the mort- gagee ....... 28. Conveyance of freeholds, part of the purchase-money remaining unpaid . (II.) Sales by Fidvciakt Owners. 29. Conveyance of freeholds and leaseholds by devisees in trust for sale 30. Conveyance of freeholds by donees of a power under a settlement, with the concurrence of the tenant for life 31. Conveyance of freeholds, leasehold and personal chattels by mortgagee, with power of sale ...... 32. Conveyance of freeholds by mortgagor and mortgagees 33. Conveyance of freeholds under a decree of the Court of Chancery 34. Conveyance of freeholds and leaseholds by assignees in bankruptcy OF THE F0K:\IS AXD PRECEDENTS. XlX SECTION 3. EXCHAKGES AKD AOEEEMENTS FOB ExCHANaE. No. Page 35. Exchange bj absolute owners . . . • .77 36 & 37. Exchanges by fiduciary owners under a power (separate deeds) 78, 79 38. Exchange by fiduciary owners under a power (one deed) . . 79 39. Agreement for exchange . . . . .80 SECTION 4. Pabtitions and Ageeements foe Paetition. 40. Partition of freeholds by absolute owners . . . .82 41. Partition of freeholds by absolute and fiduciary owners ; money paid for equality of partition . . . . 83 . 42. Partition of leaseholds by absolute owners (by mutual releases) . 85 43. Partition of leaseholds by absolute and fiduciary owners (by assignment to a trustee) . • . . . .86 44. Reassignment by the trustee under the preceding assurance. (By indorse- ment) .... . . 87 45. Agreement for a partition of freeholds . . . 87 46. Memorandum of the deposit of deeds with a stranger on behalf of the pai'ties interested under a partition . . . 89 SECTION 5. Secubities (Teansfebs and Eeconvetances). (1) Mortgages to one Beneficial Ownee. 47. Mortgage in fee . . . . . .90 48. Mortgage of leaseholds by demise . . . .90 49. Mortgage of leaseholds by assignment . , . .91 50. Mortgage of freeholds and leaseholds by demise . . . .91 51. Mortgage of freeholds and leaseholds by assignment . . .92 52. Mortgage of unfinished houses . . . . . .92 53. Mortgage of a life policy . . . . . .93 54. Mortgage of a bond debt . ..... 93 55. Submortgage (or mortgage of a mortgage) of freeholds and leaseholds . 94 56. Mortgage of chattels in a dwelling-house . . . .97 57. Mortgage of life interest in freeholds, with a life policy effected in the mortgagee's names, as a collateral security . . .97 58. Mortgage of a life estate in personalty, witli a life policy effected as a collateral security . . . • . .98 59. Mortgage of a life estate in freeholds, the owner of a prior rent-charge joining as a collateral security, and a life policy being effected in the mortgagee's name . . . . . .99 b 2 XX TABi.E OF CONTENTS No. Page GO. JVIortgagc of a reversion in freeholds .... 101 Gl. Mortgage of freeholds by trustees under a settlement of converted realty 101 G2. INIortgage of freeholds by donees of a power, with covenants by the tenant for life . . . . . . .102 63. Mortgage by trustees of a term under a real settlement for raising arrears of a jointure and expenses ..... 103 64. Mortgage of freeljolds, with attornment by mortgagor . . 104 65. Mortgage of freeholds, the principal payable by instalments, and the interest at the same time as the instalments . . .104 66. Mortgage of freeholds, the principal payable by instalments, and the interest on the unpaid principal half-yearly, without reference to the time fixed for the instalments .... 105 67. Mortgage of freeholds to secure present and future advances . . 106 68. Builder's mortgage of leaseholds to secure a debt and further advances . 107 69. Mortgage of freeholds to secure the retransfer of stock . . 108 70. Mortgage of freeholds, with surety joining in the covenants for payment of principal and interest ..... 108 71. Second mortgage (or mortgage of an equity of redemption) of freeholds . 109 72. Equitable mortgage . . . . . .110 73. Further charge on freeholds (by indorsement) . . .111 74. Further charge on freeholds, with leaseholds added as a further security for the fresh advance as well as for the existing debt . .111 75. Appointment of a receiver . . . . .112 (II.) Mortgages to more than one Beneficial Owner. 76. Mortgage of freeholds to three owners . . . .113 77. JNIemorandum as to ownership of the mortgage money secured by the preceding deed . . . . . .114 78. Mortgage of freeholds to secure an account current to a private bank, with variations for a banking company . . .114 (III.) Transfers of Mortgages. 79. Transfer of freeholds, mortgagor not joining ; by indorsement . .115 bO. Transfer of freeholds, mortgagor joining ; by indorsement . .116 81. Transfer of freeholds by executor and heir of mortgagee, mortgagor joining and receiving a further advance (not indorsed) . .117 82 Transfer of mortgage of assigned leaseholds, mortgagor not joining (by indorsement) . . , . . .117 83. Transfer of mortgage of demised leaseholds to three mortgagees, mort- gagor joining, not indorsed . . . . .118 64. Reconveyance of freeholds and leaseholds by heir and executor of mort- gagee, by indorsement . . . .119 OF THE FORM?; AND PRECEDEXTS. XXI SECTION G. Leases and Ageeements foe Leases. No. Page 85. Lease of a house . . . . . • 120 86. Lease of a house in a town ..... 121 87. Lease of a farm with covenant for renewal .... 124 88. Lease of a house by trustees having the legal estate under a power . 126 89. Lease of a house by tenant for life under a power . . • 127 90. Lease of a house by donees of a power, where there is no tenant for life . 128 91. Agreement for a lease of a house for a term exceeding three years • 129 92. Agreement for three years tenancy of a house . . .130 93. Agreement for a yearly tenancy of a house . . . 131 94. Agreement for letting a furnished house .... 132 SECTION 7. Annuity Deeds. 95. Bond to secure an annuity for the grantor's (or grantee's) life . 133 96. Bond to secure an annuityduring the successive lives of the grantee and his wife . . • • • .133 97. Bond to secure a repurchasable annuity during the life of the grantee . 134 98. Grant of a perpetual rent-charge on freeholds to confer a county vote . 134 99. Agreement for repurchase of the rent-charge created by the preceding precedent . . • . . • 135 100. Grant of an annuity for the grantor's life charged on freeholds and leaseholds, with power to repurchase . . . .135 101. Grant of an annuity for the grantee's life charged on freeholds and leaseholds, with power to repurchase . . . .137 SECTION 8. Eei.eases of Interest, Indemnities on Purchases, and Miscel- laneous Instruments. 102. Equitable release (by covenant) of a rent-charge on the sale of part of the land charged . . . . . 1 39 103. Equitable release (by assignment) of a rent-charge on the sale of part of the land charged . . . . .140 104. Partial release of the right of user of a well and pump (by indorsement) 140 105. Declaration of the trusts of slock invested as an indemnity against a perpetual rent-charge . . . • ■ 141 XXii TABLE OF CONTENTS PART III. FAMILY CONVEYANCING DRAFTS. SECTION 1. SETTLEMENTS. (I.) Personalty. No. Page 106. INIoney in hand. "Wife's property .... 145 107. Money insured by the husband's covenant in the settlement (a convenient form where it is not wished to transfer a mortgage debt) . 145 108. ]\Ioney secured by a policy on the husband's life effected in the trustee's names ...... 146 109. Money secured by a policy on the husband's life assigned to trustees 147 110. Stock in possession. Wife's property . . . 148 111. Bond debt and reversionary interest in stock. Wife's property (variation where the property has been appointed to the wife) . . 148 112 and 113. Mortgage debt secured on freeholds or leaseholds, wife's pro- perty, assigned by a deed separate from the settlement . . 149, 150 114. Stock in possession and money in hand (wife's property); bond debt (husband's property) ; policy on husband's life effected in trustee's names . . . • • .151 115. Stock on usual trusts : husband's interest determining on alienation 152 (II.) Converted Realty. 116 and 117. Freeholds (or leaseholds) husband's property; conveyance to trustees by a deed separate from the settlement . . 154 (III.) Real Settlements. 118. Freeholds and leaseholds for years, husband's property . . 155 119. Strict settlement of freeholds and leaseholds for lives and years, with full powers ami clauses, including (in addition to the common forms in Part I.) the trusts of a term for securing advancements to younger children and children of future marriages ; powers to jointure and portion children of subsequent marriages ; special provisions as to children advanced under the term ; power of mortgaging ; and clauses as to renewal of leaseholds for lives . . . 156 120 and 121. Postnuptial settlement of wife's undivided share in real estate vested in trustees for sale by a separate deed. Power of appointment among general issue, eldest son excluded. Special hotchpot clause 164 OF THE FOEMS AXD PRECEDENTS. XxHi SECTION II. WILLS. (I.) Gifts not in Settlement. No. Page 122. All testator's property to wife . , . .166 123. All testator's property to wife, with legacies to children . . 167 124. Legacies and annuities to testator's brothers and sisters, residue to one brother , , . . . .107 125. Special devises and bequests, residue to testator's nephew . 168 126. Realty and personalty ; trusts of the whole for sister for life, and after- wards for her adult children absolutely . . . 168 (XL) Gifts in Settlement. 127. Personalty for wife and children . . . .log 128. Will of personalty ; absolute gift of Consols to one son ; settlement of the same amount on another son during life, with gift over to his children, and power to appoint a life interest to a wife ; residue between the two sons equally . . . . . .170 129. Will of personalty among children settling the shares of testator's daugh- ters so as to give them a general power of appointment, and in default of appointment, settling their shares on themselves and their children 17 I 130. Will of personalty among children settling the daughters' shares on them- selves and their children, but with power to give a life estate to a surviving husband . . . . .172 131. Will of personalty among children, settling the daughters' shares on themselves and their children, without power to give a life estate to a husband . . . . . .173 132. Will of personalty among children settling the daughters' shares on them- selves and their children, and so as to prevent alienation of their life interest even when discovert . . . .173 133. Converted realty for wife and children . . . 174 134. Ileal estate in strict settlement with legacy and jointure to wife 17-5 135. Ileal estate in strict settlement with full powers and clauses, including (in addition to the common forms in Part I.), the trusts of a term for securing advancements to portionable younger children of testator, and of the successive tenants for life ; the trusts of a term for securing portions to testator's younger children ; limitations reducing the estates of testator's grandsons to life estates; provisions as to the advancements out of portions ; power of mortgaging ; bequest of heirlooms ; clauses as to renewable leaseholds ; permission to the testator's wife to reside in his mansion house rent free ; and other clauses . . 1 75 136. Codicil appouiting a trustee and executor in the place of one deceased 185 xxiv TABLE OF CONTENTS SECTION 3. APPOINTMENTS UNDEE POWEES. (I.) Appointments undee General Powers, No. Page 137. Will of a married woman appointing an absolute interest in personalty to her husband (with legacies to other persons) under the usual settle- ment power in default of children .... 185 138. Appointment on marriage of a present sum to the appointor, and a present sum and life estate to an intended husband, reserving a power of new appointment to the husband and wife .... 186 (II.) Appointments undee Paeticulae Powees. a. Appointments of a Limited Intebest. 139. Appointment on marriage of a reversionar j life estate in personalty to an intended husband . . . . . .187 140. Will of a married woman appointing a life estate in personalty to her husband . . . . . . .187 141. Appointment on marriage of a reversionary life estate in personalty to an intended wife . . . . . .188 142. Will of husband appointing a life estate in personalty to wife . . 188 143. Appointment by deed (either before or after marriage) of a jointure rent-charge to an after taken wife .... 188 144. Appointment by deed (before or after marriage) by tenant for life in possession under a will, of a jointure rent-charge to a wife . . 189 b. Appointments of an Absolute Interest. 145. Appointment by deed by husband and wife (under a personal settle- ment) of the whole trust property among all children, in unequal shares . . . . . . .190 146. Appointment by deed (by husband surviving) under a personal settle- ment of the whole trust property equally among all children but one, reserving a power of appointment . . . .191 147. Appointment by deed by a married woman (under a power in a wUl) of thewhole trust property among all children, giving specific parts of the property to the respective children . . . .191 148. Appointment by deed (by wife surviving) under a marriage settlement (or will) of part of the trust property . . . .192 140. Appointment before marriage by the tenant for life (under a marriage settlement of real estate) of portions to the children of a second marriage . . . . , .192 OF THE FORMS AND PRECEDENTS. XXV No. Page. 150. Appointment after marriage by the tenant for life (under a marriage settlement of real estate) of portions to the children of a second marriage ....... 193 151. Appointment by the tenant for life (under a marriage settlement of real estate) of a sum to be raised in advancement of a child's portion . 194 152. Appointment by the tenant for life (under a marriage settlement of real estate) of a sum to be raised in advancement of the portion of a child of a second marriage ..... 194 153. Appointment by the tenant for life (under a will of real estate) of por- tions to his children . . . . .195 154. Appointment by the tenant for life in possession (under a will of real estate) of a sum in advancement of two childrens' portions . ,196 SECTION 4. DisENTAiLiNtt Assurances. 155. Deed in bar of all estates tail generally .... 196 156. Disentailing deed with protector's consent, and limitation to the joint appointment of the tenant for life and tenant in tail, keeping the life estate on foot . . . . . . 1 97 157. Disentailing deed with protector's consent, and limitation to the j,oint appointment of the tenant for life and tenant in tail, the life estate being merged . . . . . ,198 158. Disentailing deed of estate comprised in a specific entail where there is no protector . . . . , .198 159. Disentailing deed of stock with protector's consent . .199 160. Disentailing deed of an undiv^ided share by a mai-ried woman . . 199 SECTION 5. Disclaimers and Appointments of Trustees, witu Transfers of Trust Property. (I.) Disclaimers. 161. Disclaimer under settlement by indorsement . . .200 162. Disclaimer under a will ..... 201 (II.) Appointments of Trustees and Transfers of tub Thl'st Propertv (exclusively of Mortgages.) 163. Appointment (by writing indorsed on the deed) of a new trustee of a settlement of stock in the place of one deceased . . .201 xxvi TAnr.i-: of coxtents No. Page 1G4. Memorandum of the transfer of the stock referred to in No. 163 (indorsed on the settlement) ...... 202 1G5. Appointment by deed by husband surviving (under a personal settle- ment) of two tru.stees in the place of tv70 deceased. (By indorsement). Assignment of tlie trust funds by executor of the survivor . • 202 16G. Appointment by husband and wife of two trustees (in the place of one deceased) of a personal settlement comprising stock, legal and equitable choses in action, and mortgage securities ; the latter trans- ferred by a separate instrument. (By indorsement) . . 203 1G7. Reassignment by the provisional trustee under No. 166. (Indorsed) . 20-5 168. Appointment (by husband) under real settlement, of a trustee in the place of one of the general trustees of the settlement, deceased ; and another in the place of a trustee of a term who retires, the vacancy of a deceased trustee of the term not being filled up. (By indorsement) . 203 169. Reassignment by the provisional trustee under No. 168. (Indorsed) . 207 170. Appointment of a married woman (under a power in a will of personalty) of a new trustee in the place of one deceased, and another in the place of one retiring ..... 207 171. Appointment by a surviving trustee (under a settlement of personalty) of a trustee in the place of one deceased. (By indorsement) . 209 172. Reassignment by the provisional trustee under No. 171. (Indorsed) 209 173 and 174. Appointments by a retiring trustee (under a settlement of converted realty) of one trustee in his own place, one in the place of another deceased, and one in the place of a disclaiming trustee . 210, 211 (III.) Transfers of Mortgages on Appointments of Trustees. 17J. Transfer of mortgage of freeholds (by one deed) by a continuing trustee, on the appointment of a trustee in the place of one deceased ; the mortgagor not joining (by indorsement on the mortgage deed) 211 176. Transfer of mortgage of freeholds (by one deed) by the retiring and continuing trustees, on the appointment of a new trustee in the place of one retiring; mortgagor not joining, indorsed . . 212 177. Transfer of mortgage of freeholds and assigned (or demised) leaseholds, by a continuing trustee on the appointment of a new trustee in the place of one deceased ; mortgagor not joining, indorsed . 213 178. Reassignment of the mortgage debt and securities assigned by No. 177, indorsed ...... 214 179. Transfer of mortgage of freeholds (by one deed) by a retiring trustee, on the appointment of new trustee in the place of himself and one deceased ; mortgagor not joining, indorsed . . . 215 180. Transfer of mortgage of freeholds and leaseholds by two retu-ing trustees ; mortgagor not joining, indorsed . . . 216 181. Transfer of mortgage of freeholds (by one deed) by a continuing trustee, on the appointment of a new trustee in the place of one deceased ; mortgagor joining, indorsed . . . 217 OF THE FORMS AXD PRECEDENTS. XXVU No. Page 182. Transfer of mortgage of freeholds and assigned (or demised) leaseholds by the retiring and continuing trustees, on the appointment of a new- trustee in the place of one retiring ; mortgagor joining, indorsed 218 183. Reassignment of the security assigned by the last deed, indorsed . 219 184. Transfer of mortgage of freeholds and leaseholds by a retiring trustee, on the appointment of new trustee in the place of himself, and one deceased; mortgagor joining, not indorsed . . . 210 SECTION" 6. contetances to trustees akd donees oe powees ; moetgaaes to Teustees op Peesonal Settlemekts; and Moetgages by Teustees OE Teem (undee eeal Settlements) eoe secueing Poetions. 185. Conveyance of freeholds by husband and wife to the trustees of a personal settlement (under a covenant to settle the wife's after acquired property) and declaration of trust of stock and mortgage securities transferred to the trustees under the same covenant . . 220 186. Conveyance to the trustees of a personal settlement of freeholds and hereditaments purchased under a power of investing in the purchase of land ...... 222 187. Conveyance of freeholds to the uses of a will devising lands in strict settlement ...... 223 188. Mortgage of freeholds to trustees of a personal settlement . 223 189. Memorandum as to the investment in No. 188 (indorsed on the mortgage deed) ...... 224 190. Mortgage of demised leaseholds to trustees . . . 224 191. Mortgage of freeholds and assigned leaseholds to trustees . 225 192. Mortgage by the general trustees under a real settlement for securing the portions of younger children of the marriage . . 225 193. Mortgage by the general trustees under a real settlement for securing the portions of children of a second marriage of the settlor . 22(5 194. Mortgage by the general trustees under a will for securing the portions of the testator's younger children .... 227 195. Mortgage by the general trustees under a will for securing the portions of the younger children of a tenant for life in possession . 227 SECTION 7. ^Releases and Indemnities. 196. Release by children entitled under a marriage settlement of personalty upon the transfer of their shares .... 228 197. Release to the trustees of a will of personalty and converted realty by tenant for life and his children, itutting an end to the lni.st . 2;iO XXViii TABLE OF CONTENTS No. l'»S« 198 and 199. Release and indemnity to the surviving trustee of a marriage settlement by tenant for life and his children, one being a married woman, whose share is settled in reversion . . . 231 200. Release and indemnity (in one deed) by the parties interested under a will and settlement, one being a married woman, whose share is settled in reversion ....•• •'^^ '201. Indemnity by bond to chapel trustees on their discharging a security in the possession of the executor and residuary legatee of a testator, who bad received the interest for some years but taken no assignment 236 SECTION 8. Deeds of Gift. 202. Conveyance of fee-simple estates by a wife to her husband . 237 203. Conveyance of freeholds and assignment of partnership property by a retiring partner to his nephew , . • • 237 204. Deed of gift of fee simple estates, freeholds for lives (vested in one of the donees in trust for the donor), and long leaseholds . 239 PART IV. COMMERCIAL DRAFTS. SECTION 1. Assignments. 205. Assignment of a patent ..... 243 206 and 207. Assignment of a patent (with a view to its being worked by the assignor and assignee) and agreement for working the same . 243 208. Assignment of a trader's business and stock for a sum of money . 247 209 — 211. Arrangements on the retirement of the principal of a school in favour of his two sons, viz. (1st) : a bond from the sons securing the principal and annuity during his life. (2nd) Assignment by him of the school premises, fixtures, furniture and goodwill. (3rd) Agree- ment between the two sons as to the mode of carrying on the school 248 212. Assignment of one -third of a partner's share in mining property . 251 SECTION 2. Leases and Licenses. 213. Lease of a house and shop .... 254 214. Lease of a public-house ..... 254 OF THE FOE^rS AXD PRECEDEXTS. XXIX No. Page 215 — 217. Building leases, viz. (1st) : Lease of ground on which only one house is to be built. (2nd) Agreement for a lease of ground on which more than one house is to be built. (3rd) Lease pursuant to the last mentioned agreement ..... 255 218. Mining lease of chalk pits (with a wharf and connecting tramroad) for twenty-one years, at a fixed rent .... 259 219. Lease at a fixed rent of a portion of sea beach and cliff (with a portion of land adjoining) containing valuable stone and earths . 261 220. Lease of ironstone at a minimum rent and royalties . . 262 221. Lease of flag rocks at a royalty, and two rents of varying amounts, accord- ing to the yield of the premises .... 264 222. Lease of a colliery at a rent and royalties, with clauses making the royal- ties paid (as well previously as subsequently) available as a set-off agamst the excess of the minimum rent above the produce ; and also reducing the amount of the minimum rent in certain events . 26G 223. License (not exclusive) to use a patent at a fixed rent for a term less than the original term . . . . • 269 224. Exclusive license to use a patented process during the residue of the term within a certain district, at a minimum rent and royalties ; with restraint on alienation ..... 269 SECTION 3. Insteuments of Copaetneeshtp. 225. Articles of partnership between three persons, with unequal division of profits ...... 270 226. Partnership between two farmers, with equal division of profits ; pur- chase of half the stock by the partner entering the business, and pro- vision for the purchase of a deceased partner's share . . 272 227. Dissolution of partnership between two partners, one continuing in the business . . . • • .2/4 228. Memorandum and articles of association under the Joint Stock Compa- nies Act, 1856 . . . . .275 SECTION 4. MlSCELLAJTEOUS InSTKUMENTS. 229. Deed of composition with creditors . • • 285 230. Workman's agreement with a mining company abroad . . 287 231. Deed of agency from brewers in the country to a London agent . 288 232. Deed of subagency in London for the sale of ales consigned by a country brewer ..... 290 233. Determination of agreement for working a patent invention . 291 234. Contract with builders for the erection of two dwelling-houses . 292 XXX TABLE OF CONTEXTS APPENDICES. APPENDIX A. Specimens of Assurances and an Abstract of Title Prepared in Accordance with the Forms in this Volume. No. Page 1. Conveyance of freeholds ..... 298 2. Mortgage of freeholds ..... 298 3. Settlement of personalty ..... 299 4. Abstract of title ..... 301 APPENDIX B. No. Page 235. Conveyance of freeholds by mortgagor, mortgagee for a term (with several further charges) the beneficial owner of one of the charges, and the heir-at-law and executor of mortgagee in fee . . 311 236. Conveyance of freeholds by executor (who was also the testator's heir- at-law) under a will directing a sale, but without specifying by whom the sale should be made, or blending the sale monies and personalty 312 237. Conveyance of advowson by heir-at-law of mortgagee under a power of sale. Residue of purchase money payable by instalments, and secured by the purchaser's covenant and deposit of deeds . . 312 238. Assignment of a legacy charged on land, and residuary interest by a purchaser from the legatee. The purchase had been originally made by three persons (an assignment being made to a trustee for the three), and the shares of two were afterwards bought by the present vendor. Covenant by two in respect of two equal shares, and a third in respect of the entirety . . . . 313 239. Transfer of a mortgage of freeholds made to trustees (where the usual joint account clause had been omitted) by the heir-at-law and executor of the surviving trustee and the executor of the first deceased trustee, the mortgagor joining . . . . . 314 240. Reconveyance by mortgagee of demised leaseholds, and a policy of assurance subject to two previous mortgages — covenant for indemnity by mortgagee and his solicitor in consequence of the loss of the mort- gage deed ...... 315 OF THE APPENDICES. XXXI Ko. Page 241. Will of personalty. Specific bequests. Bequest of residue ; As to a, specified part for a life interest, with alternative gifts over ; As to the rest on usual trusts for conversion. Trusts for testatrix's sister for her life and her children at twenty-one, &c. ; if none, an absolute gift over. The sister's life interest to be for her separate use — inalienable even when discovert, and her interest as well as that of her children to determine in case of her surviving an aunt (in which event she would take an absolute interest in other funds) ; gift over in this event, as well as in default of children. Usual clauses and powers . 316 242. Will. Specific devise of realty. Specific bequest of books, furniture to furnish a residence for testator's wife, pictures, and articles of vertu. Annuity to wife, deducting her life interest under other settled property. Legacy of £ in trust for a son and daughter of testator, not advanced by him. Residue, as to one moiety to two advanced children absolutely ; as to the other moiety, to the two children not advanced, the daughter's interest in the legacy and residue being settled upon herself and her children . . , 317 APPENDIX C. 243. Purchase deed of copyholds .... 321 244. Purchase deed of freeholds and copyholds . . . 321 24.5. jVfortgage of copyholds ..... 322 246. Mortgage of freeholds and copyholds . . . 322 247. Transfer of mortgage of surrendered copyholds where the mortgagee has been admitted. (By indorsement, mortgagor not joining) . 323 248. Reconveyance of surrendered copyholds where the mortgagee has not been admitted ..... 324 249. Settlement of copyholds (in a real settlement) upon trusts corresponding to the limitations of the freeholds . . . 324 250. Sti'ict settlement of copyholds in a will . . 325 PART L COMMON FORMS, WITH OBSERVATIONS AND INDEX PREFIXED. OBSERVATIONS. The Cominoii Forms marked " S" in the Index are only to be inserted when there are special instructions to that effect, or when (as in the case of fire or life insurance) the nature of the property evidently requires their insertion. The other forms are to be inserted without special direc- tions, according to the nature of the instrument ; they are given complete under each head of assurance, and arranged in the usual order of their insertion, so that the forms necessary for the particular draft may be ascertained from the Index itself without the necessity of a reference to the Precedents in Parts 2, 3 and 4; for instance, the appointment of guar- dians, executors, &c., is inserted in the Index under the head " Wills of I{eal Estate in Strict Settlement," as w^ell as under the head "AVills of Personalty." There are some exceptions to this (principally as relates to mortgages of Life Policies, mortgages to secure further advances, and an account current ; the mortgagor's attornment and the appointment of a receiver), for which it will be necessary to refer to the Precedents of those Assurances in Part II. It will of course also be necessary in using the Index, to bear in mind certain general rides of conveyancing, as, for instance, that fiduciary owners do not covenant for title. LIST OF COMMON FORMS. Forms in Purchase Deeus. No. of Form. I. Covenant against incumbrances — by one (1) by two (2) bj more than two (3) II. Covenants for title — Freeholds (4) Leaseholds (5) Freeholds and Leaseholds . (6) Personal Chattels (7) III. Covenant to produce Deeds .... (8) Forms in Mortoaues. To one beneficial Owner. I. Covenant for payment of principal II. Mortgage ])rovisoes For redemption — Freeholds .... Leaseholds by demise .... Assigned Leaseholds or personal chattels Freeholds and demised Leaseholds Freeholds and assigned Leaseholds, or personal chattels (S) For money to remain a certain time . (10) (n) (12) (13) (14) (15) 11 2 4 LIST OF COMMON FORMS. No. of Form. III. Mortjrnoror's Covenants For title— Freeholds . . . . . (16) Demised Leaseholds . . . . (17) Assi^Mied Leaseholds . . . . (18) Freeholds and demised Leaseholds . . (19) Freeholds and assigned ditto . . . (20) Personal Chattels . . . . . (21) (S) In regard to life policies ..... (22) P^'or payment of mortgagee's disbursements and mortgage interest, with (S) clause for reduction of the latter . . (23) IV. Mortgagee's Powers Power of Sale ...... (24) (S) Fire and Life Insurance . . . (25) (S) Leasing for twenty-one years, granting building and mining leases, management, completing buildings, ielling timber and working mines . . . (26} (S) Charge of monies expended under the powers, application of insurance and other monies and limitation of security (27) To trustees or more than one benejicial Owner. I. Covenant for payment of principal .... (28) II. Mortgage provisoes — For redemption (identical with (10) to (14).) For a joint equitable account . (29) III. Mortgagor's Covenants. For title same as (16) to (21) In regard to life policies same as (22) For payment of mortgagee's disbursements, and mortgage interest, with (S) clause for reduction of the latter . (30) IV. Mortgagee's Powers same as (24) (25) (26) and (27) Forms in Leases. Proviso for re-entry and (S) determination of lease . . (31) Lessor's Corenant for quiet enjoyment .... (32) Arbitration Clauses ...... (33) LIST OF COMMON FORMS. FoEMS IN Settlements. Personalty. No. of Form, I. Covenants. For title (34) In regard to Life Policies ..... (35) 11. Trusts. a. For investment and varying securities. Money fund (Ordinary) . . . same as {V^) (S) Ditto with power to invest in land . . same as (50) Invested funds (Ordinary) .... (36) (S) Ditto with power to invest in land . . (37) b. Beneficial trusts, Usual forms, viz. Wifes properti/.} During joint lives, wife's separate use, life estate to survivor ; children as parents or survivor shall appoint, in default of appointment equally, with hotchpot clause ; in default of children for wife ..... (38) Ditto (S) Agreement to settle wife's after acquired property (39) Hushunds property.'] Husband for life ; wife for life if she survives ; children as in (38), in default of children for husband (40) (S) Power to apportion blended funds . . . (41) III. Trustee Powers and Provisoes. Advancement, maintenance, and accumulation clauses ; receipt clause: power to appoint new trustees ; indemnity (S) for deferring sale of real estate ; solicitors to charge . . • (42) (S) Ditto in settlement of life policy . . . (43) Converted Realty. (Sale Deed). I. Covenants for title — Fi-eeholds .... (44) Leaseholds .... (45) II. Trusts for sale and trusts of sale monies and rents and profits until sale (4ti) III. Powers and provisoes. Leasing for twenty-one years and appointment of new trustees (47) (S) Full powers including (besides those in (47)) power to grant building and mining leases, management, felling limber, working mines, and mortgaging ..... (48) Converted Really {Settlement Deed). I. Trusts. a. For investment and v:iryiiig securities . . . (40) (S) Ditto, with power to invest in piiielintic oriinids . . C'^) 6 LltlT Of COMMON rOll.MS. No. >) S LIST OF COMMON FORMS. No. of Forms. IV. Devise and bequest of leaseholds to correspond, and bequest of other personalty ....... (69) V. Trustee powers and clauses, receipt clause, power of appointing new trustees, solicitors to charge ..... (70) VI. Guardians, trust and mortgage estates, appointment of executors with discretionary powers . .... same as (03) COMMON FORMS. POEMS IN PUECHASE DEEDS, MOETOAGES AND LEASES, (1) to (33). (1). The said , for himself, his hcii's, executors and adminis- trators, covenants with the said , his heirs [executors, administra- tors] and assigns, that the said hath done or knoAvingly suffered nothing whereby the premises are or may be incumbered or prejudicially affected. (2). Each of the said and for himself, his heirs, executors and administrators, covenants with the said , his heirs [executors, administrators] and assigns, that they the said and respectively have done or knowingly suffered nothing whereby the premises are or may be incumbered, or prejudicially affected. (3). Each of the said parties hereto of the parts respectively, for himself, his heirs, executors and administrators, covenants with the said , his heirs [executors, administrators] and assigns, that they the said parties hereto of tlie parts respectively have done or knowingly suffered nothing whereby the premises are or may be incumbered or prejudicially affected. (4). The said {vendor) for himself, his heirs, executors and adminis- trators, covenants with the said {purchaser) his heirs and assigns that notwithstanding anything by the said \. [or his ancestors] done or knowingly suffered, he is entitled to execute this grant of the pre- mises free from incumljrances, and that lie and every person chiimiug under or in trust for him [or his ancestors] shall, at the cost of the 10 COMMON FORMS. said P., his heirs and assigns, do all acts required for perfecting such grant. (5). The said {vendor) for himself, his heirs, executors and adminis- trators, covenants with the said (purchaser) his executors, adminis- trators and assigns, that notwithstanding anything hy the said V. done, or knowingly suffered, the said lease is subsisting unprejudiced, and the said V. entitled to execute this assignment of the premises free from incumbrances and liability under the said lease up to the present date, and that he and every person claiming under or in trust for him shall, at the cost of the said P., his executors, adminis- trators and assigns, do all acts required for perfecting such assign- ment. The said P. for himself, his heirs, executors and administrators, covenants with the said V., his executors and administrators, that the said P., his executors, administrators and assigns, will discharge and keep the said V., his heirs, executors and administrators, indemnified against all liabilities under the said lease subsequently to the present date. (6). The said [vendor), for himself, his heirs, executors and admi- nistrators, covenants with the said [purchaser), his heirs, executors administrators and assigns, that notwithstanding anything by the said V. [or his ancestors] done or knowingly suffered, the said lease is sub- sisting unprejudiced, and the said V. entitled to execute this assurance of the respective premises free from incumbrances and liability under the said lease, up to the present date, and that he and every person claiming under or in trust for him [or his ancestors] shall, at the cost of the person or persons requiring the same, do all acts required for perfecting such assurance. The said P. for himself, his heirs, execu- tors and administrators, covenants with the said V., his executors and administrators, that the said P., his executors or administrators, will discharge and keep the said V., his heirs, executors and administra- tors, indemnified against all liabilities under the said lease subsequently to the present date. (7). The said [vendor) for himself, his heirs, executors and adminis- trators, covenants with the said [purchaser), his executors, administra. tors and assigns, that notwithstanding anything by the said V. done or knowingly suffered, he is entitled to execute this assignment of the premises free from incumbrances, and that he and e^ery person claim- PURCHASE DEEDS. MORTGAGES. 11 ing under or in trust for him will, at the cost of the said P., his exe- cutors, administrators, or assigns, do all acts required for perfecting such assignment or facilitating the recovery of the said premises. (8). [{a) This indentiu-e, made the day of between {vendor) of the one part and (purchaser) of the other part, witnesseth as follows] : The said V. [pursuant to his agreement on the sale of certain hereditaments called , at in shire, conveyed to the said P., by indenture of even date herewith], for himself, his heirs, executors, administrators and assigns, covenants with the said P., his heu's and assigns, that the muniments of title to the same hereditaments (which have been retained by the said Y. and are specified in the schedule hereto) shall be preserved by the said V., his heirs and assigns, uninjured (excepting through inevitable accident), and shall be produced by him and them at any time and place and for any purpose required by owners and claimants of the said hereditaments, at the cost of the person or persons requiring the same. In witness, &c. (The Schedule to which the above written indenture refers.) (9). The said {mort(jagor) for himself, his heii's, executors and administrators, covenants with the said , his executors and administrators, that the said M., his heirs, executors, administrators or assigns, -will pay to the said , his executors, administrators or assigns, £ , Avith interest after the rate of .€ per cent, per annum, on the day of next (6). (10). Provided that if the foregoing covenant shall be satisfied on the day of , the said {mortgagor), his heirs and assigns, shall be entitled to a reconveyance of the premises at his and their cost. (11). Provided that if the foregoing covenant shall be satisfied on the day of , the said {mortgagor), his executors, adminis- trators and assigns shall be entitled to a surrender of the ]n'cniiscs at his and their cost. (12). Provided that if the foregoing covenant shall be satisfied on the day of , the said (niortgagor), his executors, adminis- («) If the covenant is included in the purchase deed, the words in hrackcts will be omitted, and the Schedule of Deeds form a second schedule, (fc) Usually six months from date. 12 COMMON FORMS. trators and assigns, shall be entitled to a reassignment of the premises [(a) during the subsisting term therein] at his and their cost. (13). Provided that if the foregoing covenant shall be satisfied on the day of , the said {mortgagor), his heirs, executors, administrators and assigns shall be entitled, at his and their respective cost, to a reconveyance of the premises hereby granted, and a surrender of the premises hereby demised. (14). Provided that if the foregoing covenant shall be satisfied on tlie day of , the said {mortgagor), his heirs, executors, administrators and assigns shall be entitled, at his and their respective cost, to a reconveyance of the premises hereby granted, and a reassign- ment [during the subsisting term therein] of the premises hereby assigned. (15). Provided that the said {mortgagor) his heirs, executors, admi- nistrators or assigns, shall not pay off nor (excepting in the event of some interest being thirty days in arrear, or of the breach of some other covenant of the said M.) be required to pay the said principal before the day of . (16). The said {mortgagor) for himself, his heirs, executors and administrators, covenants with the said , his heirs and assigns, that the said M. is entitled to execute this grant of the premises free from incumbrances, and that such grant shall, if required, be perfected at the cost (excepting as regards foreclosed or sold premises) of the said M. or his estate. (17). The said [mortgagor) for himself, his heirs, executors and administrators, covenants with the said , his executors, adminis- trators and assigns, that the said lease is subsisting unprejudiced, and the said M. entitled to execute this demise of the premises free from incumbrances, that he and those claiming under him shall do and suffer nothing whereby the said lease may be prejudicially affected, and that this demise shall, if required, be perfected at the cost (excepting as regards foreclosed or sold premises) of the said M. and his estate, the last day of the said years tei'm (6) in foreclosed or (a) Omit for personal chattels. (ft) The term of the original lease referred to in the witnesshig part. MORTGAGES. 1 3 sold premises being held in trust for the person or persons entitled to the subsisting residue of the term hereby created. (18). The said {mortgagor) for himself, his heirs, executors and administrators, covenants with the said , his executors, adminis- trators and assigns : 1. That the said lease is subsisting unprejudiced, and the said M. entitled to execute this assignment of the premises free from incumbrances and liability under the said lease up to the present date, and that such assignment shall, if required, be perfected at the cost (excepting as regards foreclosed or sold premises) of the said M. and his estate : 2. That during the continuance of this security the said M., his heirs, executors and administrators will discharge and keep the said , his heirs, executors, administrators and assigns, indemnified against all liabilities under the said lease subsequently to the present date. (19). The said {mortgagor) for himself, his heirs, executors and administrators, covenants with the said , his heii's, executors and administrators and assigns, that the said lease is subsisting unpre- judiced, and the said M. entitled to execute this assurance of the respective premises free from incumbrances ; that he and those claiming under him will do and suffer nothing whereby the said lease may be prejudicially affected, and that this assurance shall, if required, be perfected at the cost (excepting as regards foreclosed or sold premises) of the said M. and his estate, the last day of the said {a) years' term shall, in foreclosed and sold premises, being held in trust for the person or persons entitled to the subsisting residue of the term hereby created. (20). The said {mortgagor) for himself, his heirs, .executors and administrators, covenants with the said , his heirs, executors, administrators and assigns : 1 . That the said lease is sid)sisting unpre- judiced, and the said M. entitled to execute this assurance of the respective premises free from incumbrances and liability under the said lease up to the present date, and that such assurance shall, if required, be perfected at the cost (excepting as regards foreclosed or sold premises) of the said ]\I. and his estate : 2. That during the continuance of this security the said M., his heirs, executors and administrators, will discharge and keep the said , liis lu-irs, (a) The term of tiie original le.asc. 14 COMMOxX FORMS. executors, administrators and assigns indemnified against all liabilities under the said lease subsequently to the present date. (21). The said (nior/tjac/or) for himself, his heirs, executors and administrators, covenants with the said , his executors, administra- tors and assigns, that the said M. is entitled to execute this assignment of the premises free from incumbrances, and that he and all necessary persons will at the cost (excepting as regards foreclosed or sold premises) of the said M. and his estate do all acts required for perfecting such assignment and effecting the recovery of the said premises : [Provided (a) that the said M., his executors, administrators or assigns, shall not (excepting in the event of some interest being ten days unpaid after a written demand) be required to pay the said principal before the day of ■ [b], or such earlier day as the holders or holder of this security shall by six calendar months' previous written notice appoint, the said M., his executors, administrators and assigns, being entitled meanwhile to the possession and use of the premises] . (22). The said [mortgagor), for himself, his heirs, executors and administrators, covenants (c) with the said , his executors, admi- nistrators and assigns, that the said M. will pay the premiums on the said policy (and every policy effected under the subsequent power) when due, and will do nothing whereby any such policy may become void or voidable, and in every event of such policy becoming void or voidable or lapsing, will, at his o^ai cost, do all acts requii'ed for enabling a policy in substitution for the same to be effected under the subsequent power. (23). The said [mortgagor), for himself, his heirs, executors and administrators, covenants with the said , his executors and admi- nistrators, that the said M., his heirs, executors, or administrators, will, on demand, reimburse the said , his executors, administra- tors, or assigns, all expenses under the subsequent powers [d), with (a) The words in brackets are only required in a mortgage of chattels personal left in the mortgagor's possession. (i) Five or ten years from date. (c) Where the life policy has been assigned, this covenant will be a continuation of (21). {d) The first part of this covenant maybe omitted unless (25) or (26) have been used. MORTGAGES. 15 interest after the rate aforesaid, aucl will pay to him or them interest after the rate aforesaid on all principal monies continuing secured hereon by equal half yearly payments, on the day of and the day of , [but [a) so that payment of interest on such last mentioned monies, after the rate of (i) £ per cent. per annum, within seven days next after each of the said half yearly days, shall satisfy this covenant as regards the interest payable on such half yearly day] . (24). The holders or holder of this security (whether varied or not on transfer) may sell the premises, and upon every sale (or attempted sale) and assurance thereof may deal with the premises and the pur- chase monies thereof as absolute owners or owner, excepting as men- tioned in the next proviso (but so that, as regards the purchaser's protection, such ownership shall be deemed absolute without excep- tion) : Provided that the purchase money shall be paid (after discharg- ing all expenses and all monies continuing hereby secured) to the said {mortgagor), his executors, administrators, or assigns, and that (unless some interest shall be forty days in arrear) no sale shall be made without six calendar months^ written notice to the said M., his execu- tors, administrators, or assigns, such payment and notice as aforesaid to the executors or administrators of the said M. being sufficient as against all persons interested in the equity of redemption [(c) without reference to the nature of the premises] . (25). ((/)They or he may also, unless the current year's receipt for a fire insurance of £ on the premises shall be produced to them or him on demand, effect such insurance in any office (e), and may also in substitution for every policy comprised in this security which shall lapse or become void or voidable, effect in any office an insm-ance on the life of the said [mortgagor) for an amount equal to the aggro- (a) This clause should bo omitted unless there are sjierial instructions for its insertion. (h) The reduced amount. (c) These words may be omitted where the security does not include real estate. {d) Where (25) and (26) are used, they will form a continuance of the power of sale. (e) The words applicable to life insurance will of course bo struck out where only a fire insurance is intended, and xncc rrrsti. 16 COMMON FORMS. f;ate monies then hereby secured, and tlie clauses and powers Iiereiu contained [{a) in reference to tlie said pohcy for £ ], shall apply to every such substituted polic3^ (20). They or he may also, whether in possession or receipt of the rents or not, and (as to every lease under these powers) either with or without taking a premium for the same, lease the premises either for twenty- one years or less, or else (if the lessee or lessees shall improve the same by building, or completing or repairing buildings, or agree to do so within two years next after the date of such lease) for ninety-nine years or less at ground rents (wliich during the first three years may be a peppercorn) {b), [and may also lease any substances in or under the premises, either with or without buildings and surface lands (and whether previously worked or not) for sixty years or less* with all usual powers for working and disposing of the demised pre- mises or incidental thereto, and either at rents or royalties or both, and either with or without a minimum rent, and either with or without power to the lessee or lessees to determine any such lease.] They or he may also enter into such contracts and execute such works as shall be judged expedient, with a view to the exercise of these powers, or, in lieu of an exercise thereof, as might be done by lessees under such powers, (6) [and may also determine and accept surrenders of leases and other tenancies, and fell and sell any wood growing on the pre- mises including underwood.] (27). (c) All expenses under the preceding powers (other than the power of sale) with interest after the rate aforesaid, shall constitute a charge on the premises, the monies arising therefrom being applicable as the purchase monies aforesaid, or (as to fire insurance monies, and (a) These words may be omitted where the policy is the only security. (i) 111 mortgages of building land, or house property, these and the subsequent words in brackets will be omitted. (c) Form (27) need not be inserted unless (25) or (26) have been used, or unless the mortgage is to secure further advances or an account current. The pro- viso at the end is applicable to the two last mentioned cases, and may be omitted in all other cases where the form is used, excepting where the security is a life policy 7iot collateral to a life estate. The words as to fire insurance will of course be omitted where there is none, and similar words added in regard to a life policy which is collateral to a life estate. In a mortgage for an account current, for the words in brackets substitute " balance." MORTGAGES. 17 if the holders or holder of the security shall so elect) in rebuilding the premises insured. Provided that the aggregate of such expences as aforesaid, exclusive of fire insurance, and of the [said sum of £ , and such further advances as] aforesaid shall not exceed £ . (28). The said (pwrtgagur), for himself, his heirs, executors, and administrators, covenants with the said their executors and administrators, that the said M., his heirs, executors or administrators, will pay to the said or the [survivors or] survivor of them, his executors or administrators, or their or his assigns £ with interest after the rate of c€ per cent, per annum on the (a) day of next. (29). Provided that the receipts of the [survivors or] survivor, and the executors or administrators of the survivor of the said {mortgagees) shall be sufficient equitable and legal discharge for all monies hereby secured. (30). The said {mortgagor) for himself, his heirs, executors and administrators, covenants with the said , their executors and administrators, that the said M., his heirs, executors, administrators and assigns, will on demand reimburse the said , or the [survivors or] sui'vivor of them, his executors or administrators, or their or his assigns, all expenses under the subsequent powers (other than the power of sale), with interest after the rate aforesaid, and will pay to them or him interest after the rate aforesaid on all principal monies continuing secured hereon, by equal half-yearly payments (b), on the day of and the day of , [ {b) but so that payment of interest after the rate of £ {b) per cent, per annum, within seven days next after each of the said half-yearly days, shall satisfy this covenant as regards the interest payable on such half-yearly day.] (31). Provided, 1. That the lessors may at all times enter upon and inspect the premises, and may also (if the lessees shall fail in discharging any (c) of their said liabilities) enter upon and repossess the premises as if this lease had not been executed ; (J) [2. That this lease (a) Usually six months from dnte. (b) See notes on (23). (c) Ecjuity will relieve against a forfeiture for nonpayment of rent. {d) The words in brackets should not be Inserted without special Instructions. C 18 COMMON FORMS. may be determined at the end of tlie first seven or fourteen years by six calendar montlis Avritten notice on either side, but so that no such notice by the lessees shall be valid, unless their said liabilities shall be discharged before the expiration thereof] . (32). The said {lessor) for himself, his heirs, executors and adminis- trators, covenants with the said , his executors and administrators, that the lessee's said liabilities being discharged, they or he shall occupy the premises without interruption from the lessors. (33). (a) Disputes under these presents shall be referred to two arbitrators, whose written determination thereon (or that of an umpire chosen by themselves in ease of difference) shall conclude the disputing parties (i). Within thirty days from written notice of arbitration, each disputing party shall name an arbitrator ; if either shall fail to do so, both arbitrators shall be named by the other party. The arbitrators or their umpire may call in any professional assistance; may require the personal attendance and examination on oath of the parties and those claiming under them, and the production of all documents relative to the dispute ; and may determine by whom the expenses of arbitration shall be defrayed, together with the amount thereof. FOEMS IN SETTLEMENTS, (34) to (57). (34). (c) The said {husband) and {intended tcife) do, for themselves, their heirs, executors and administrators, and each of them doth, for himself and herself, his and her heirs, executors and administrators, covenant with the said , their executors, administrators and assigns, that, notwithstanding anything by the said W. done or knowingly suffered, she is entitled to execute this assignment of the premises free from incumbrances, and that she and the said H. and every person claiming under or in trust for them shall, at the cost of (o) These clauses ■will of course apply to other instruments, such as partnership deeds, &c. (6) The agreement for arbitration may be made a rule of Court on application of any of the parties, under the Common Law Procedure Act, 1854, s. 17. (c) If it is the husband's property which is settled, this covenant will easily be altered to one by the husband only. SETTLEMENTS. 19 the trust estate, do all acts requii-ed for perfecting such assignment or facilitating the recovery of the premises. (35). The said (a) {husband) for himself, his heirs, executors and administrators, covenants with the said , their executors and administrators, that the said H. Avill pay the premiums on every present or future pohcy subject to this trust when due, will do nothing whereby any such policy may become void or voidable, and will at his own cost, in every event of such policy becoming void or voidable or lapsing, do all acts required for enabling a policy in lieu thereof to be effected under the subsequent powers : and that he, his heirs, executors or administrators, will (whether such event as aforesaid shall have happened or not) pay to the said , their executors, administrators or assigns, on demand, all monies paid by them or him for life assurance under the subsequent powers with interest after the rate of £o per cent, per annum. (36) . Upon trust that the said and the [survivors and] survivor of them, his heirs, executors or administrators, or their or his assigns, shall either retain or (subject until the death of both the said {husband) and {intended wife) to the written consent of such of them as shall be living), realize the premises and the investments under this trust and (subject as aforesaid) invest the monies realized in or upon any stocks, funds, shares or securities not being Irish or foreign or the' personal security of any person. (37). Upon trust that the said and the [surnvors and] sur- vivor of them, his heirs, executors or administrators, or their or his assigns, shall either retain or realize the premises and the invest- ments under this trust, and invest the monies realized (and also the sale monies of purchased real estate) in or upon any stocks funds'^ shares and securities (not being Irish or foreign, or the personal security of any person) or in the purchase of real estate (includinf» chattels real) to be vested in the said trustees or trustee, their heirs executors, administrators and assigns, in trust for sale, with all powers of sale leasing and management appointed by the said trustees or trustee, whose execution of the vesting instrument shall be (a) Where the policy has been assigned to* the trustees, this will form a con- tinuation of the covenants for title. c 2 20 COAfMOX FORxMS. deemed an appointment to the extent of all powers therein expressed : Provided that the exercise of the trusts and powers therein and herein- before expressed, shall, until the death of both of the said {husband) and {intended wife) be subject to the written consent of such of them as shall be living. (38). The said trustees or trustee (a) shall pay the income of the trust premises (i) (including the clear rents and profits of unsold real estate held in trust for sale under [the said indenture of even date herewith and] these presents) during the joint lives of the said {husband) and (intended wife) to the said W. for her separate use, and so that no anticipation thereof shall be valid, and after the death of either of them to the survivor dui-ing his or her life. Subject to the foregoing trusts the premises shall be held in trust for such children or child of the marriage and in such manner as the said H. and W. shall by deed, or the sui-vivor shall by deed, will or codicil, appoint, and so far as the same shall be unappointed, in trust for the children equally (or child if but one) of the marriage attaining twenty- one years or (being daughters or a daughter) marrying, (but so that no child shall take any unappointed share without bringing his or her appointed share into hotchpot) : and on failure of the foregoing trusts, in trust for the saidW. (if she shall sm'\-ive the said H.), other- wise for such person or persons as she shall by Avill or codicil appoint, and so far as the same shall be unappointed for such persons as tenants in common (and in such shares) as on the said {wife's) death intestate and unmarried would have become entitled thereto under the statutes of distribution. (39). Any property not hereinbefore settled of the said {intei^ded wife) or the said {husband) in her right (whether present or future), which shall exceed ;€.200 in value, shall be vested in the said trustees or trustee, their heirs, executors, administrators and assigns : As to property consisting of income only, upon the subsisting trusts of (a) These forms assume that the previous part of the settlement has been framed according to the precedents in Part 3. (Jj) The clause in a parenthesis may be omitted where there is no real estate held in trust for sale, and no power to purchase real estates. The words in brackets are necessary only where there is a separate sale deed, as in Precedent, No. U6. SETTLEMENTS. 2 1 income aforesaid ; as to real estate (including chattels real) in trust for sale, and with all powers of sale, leasing and management appointed by the said trustees or trustee, whose execution of the vesting instru- ment shall be deemed an appointment to the extent of all powers therein expressed (but so that the exercise of any trust or power therein expressed shall be subject to such consent as aforesaid) ; as to money and investments (including the sale monies, rents and profits of real estate) upon such trusts, and subject to such clauses and provisoes as if the same had been money investments and income held mider the foregoing trusts ; and as to all other chattels personal, in trust for the separate use of the said W. (40). The said trustees or trustee («) shall pay the income of the trust premises ( ( a) including the rents and profits of vmsold heredita- ments held in trust for sale [under the said indenture of even date herewith and] these presents) to the said (husband) during his life, and afterwards to the said {intended wife), (if she shall survive him) during her life. Subject to the foregoing trusts the premises shall be held in trust for such children or child of the marriage, and in such manner as the said II. and W. shall by deed, or the survivor shall by deed will or codicil appoint, and so far as the same shall be unappointed in trust for the children equally (or child if but one) of the maiTiage attaining twenty-one years, or (being daughters or a daughter) marrying, (but so that no child shall take any unappointed share without bringing his or her appointed share into hotchpot); and on failure of the trusts aforesaid, in trust for the said H., his executors, administrators and assigns. (41). The decision of the said trustees or trustee (i) as to which of the invested premises shall have arisen from the respective premises hereby settled shall conclude all persons claiming under these presents. (42). The said trustees or trustee may (subject to the trusts preceding the creation of such interest) raise and apply for any minor's benefit half or less of liis or her interest under the trust, and apply tlic income of any minor's interest for his or her maintenance and (a) See notes on (38). {b) Where there are two sets ol" trustees, llie names sliould he iii.'-erteil in tliis form. 22 COMMON FORMS. education (payment to a guardian being deemed such application), and accumulate any surplus upon the trusts and with the powers of the principal from which the same proceeded, or the income thereof. Provided, 1. That the trustees' receipts shall discharge persons paying (a) [purchase or other money] or transferring trust property from liability in regard to the application thereof. 2. That the said II. and W. and the survivor, and after such survivor's death the surviving and continuing trustees and trustee (or the executors or administrators of the last surviving or continuing trustee), may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, be abroad, retire, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied either at the same or several times and in any order, and any one or more may be left unsupplied ; and every refusing or retiring trustee shall be deemed continuing for the purpose of supplying (if willing) his own or any other then subsisting vacancy. [3. That no trustee shall be responsible for (a) deferring the sale of any real estate subject to be sold under the trusts of these presents (or the said indenture of even date herewith), notwithstanding any consequent loss or expiration of interest.] 4. That every trustee who shall be a solicitor or attorney [including the said ], shall be entitled to the same professional remuneration as if he had not been a trustee. (43). The said trustees or trustee may (without prejudice to the liability of the said [husband) under his covenant) pay out of the income of the trust premises (or otherwise) the premium on any policy subject to this trust ; and in every event of such policy lapsing or becoming void or voidable may effect in their or his names or name, and in any office, a new policy for £ on the life of the said H. They may (without prejudice to the trusts preceding the creation of such interest) raise and apply for any minor's benefit half or less of his or her interest under the trust, and apply for any minor's maintenance or education the income of his or her said interest (payment to a (a) The words in brackets may be omitted where there is no real estate held (or subject by agreement as in (39) to be held) in trust for sale, and no power to purchase real estate. The Avords in parentht-sis are only necessary where there is a separate sale deed. SETTLEMENTS. 23 guardian being deemed such application), and accumulate any surplus upon the trusts, and with the powers of the principal from which the same proceeded, or the income thereof. Provided, 1 . That the trustees' receipts shall discharge persons pajdng policy [purchase] or other monies, or transferring trust property from liability in regard to the application thereof. 2. That the H. and W., and the survivor, and after such survivor's death the surviving or continuing trustees or trustee, or the executors or administrators of the last surviving or continuing trustee may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacan- cies may be supplied eitlicr at the same or several times and in any order, and any one or more be left unsupplied : And every refusing or retiring trustee shall be deemed continuing for the pvu'pose of supplying (if willing) his own or any other then subsisting vacancy. 3. (a) That no trustee of these presents shall be responsible for [deferring the sale of any real estate, subject to be sold imder the trusts of these presents (or the said indenture of even date herewith) > notwithstanding any consequent loss or expiration of interest, nor for] omitting to keep up any policy subject to this trust or to effect any new policy, or to sue the said H., his heirs, executors or administrators under his covenants. 4. That every trustee Avho shall be a solicitor or attorney [including the said ] shall be entitled to the same professional remuneration as if he had not been a trustee. (44). {b) The said {husband) for himself, his heirs, executors and administrators (c), covenants with the said , their heirs and assigns, that notwithstanding anything Ijy the said II. or his ancestors done or knowingly suffered, he is entitled to execute this grant of the premises free from incumbrances, and that he and every person claiming under (a) See note (a) to (42). (i) It is assumed in these forms, (44) to (48), that the converted property will not be conveyed by the settlement itself, and that the respective properties (if more than one) will bo conveyed or assigned by separate instrumenls. (r) If it is the wife's property which is settled, this should be extended to a covenant on her behalf, as in (34). 24 COMMON FORMS. or in trust for him or his ancestors will, at the cost of the trust estate, do all acts required for perfecting such grant. (45). (a) The said [husband) for himself, his heirs, executors and administrators, covenants with the said , their executors, admi- nistrators and assigns, that notwithstanding anything by the said H. done or knowingly suffered, the said lease is subsisting unpre- judiced, and the said H. entitled to execute this assignment of the premises free from incumbrances and liability under the said lease up to the present date, and that he and every person claiming under or in trust for him shall, at the cost of the trust estate, do all acts required for perfecting such assignment. (46). Upon trust that the said and the [survivors and] sur- vivor of them, his heirs {b), or their or his assigns, shall (subject until the death of both the said (husband) and (intended wife) to the written consent of such of them as shall be living) sell the same premises, with absolute discretion as to the conditions, time, and mode of sale, and with power to buy in and resell the premises, to contract and rescind contracts, and to execute assurances. The clear sale monies (with the rents and profits of unsold premises) shall be held upon the trusts and subject to the clauses and provisoes expressed concerning the same in an indentm-e of settlement between the said parties hereto [(c) and others] bearing even date herewith. (47). Pro\-ided, 1. That (subject to such consent as aforesaid) the said trustees or trustee may lease the unsold hereditaments for twenty-one years (or less) in possession at rack-rent. 2. That the trustees^ receipts shall discharge persons paying purchase or other money from liability in regard to the application thereof. 3. That the said [husband) and (intended wife) and the survivor, and after such survivor's death the surviving or continuing trustees or trustee (or the executors or administrators of the last surviving or continuing trustee) iray appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies (a) See note on (44). (h) In leaseholds, " execixtors or administrators" throughout instead of " hpirs." (c) Omit if not the fact. SETTLEMENTS. 25 may be supplied either at the same or several times, and in any order, and any one or more be left unsupplied : And every refusing or retiring trustee shall be deemed continuing for the purpose of supply- ing (if willing) his own or any other then subsisting vacancy. (48). Provided, 1. That (subject to such consent as aforesaid) the said trustees or trustee may lease the unsold hereditaments either for twenty-one years (or less) in possession at rack-rent, or else (in case the lessee or lessees shall improve the same, by building or com- pleting or repairing buildings, or agree to do so M'ithin two years next after the date of any such lease) for ninety-nine years (or less) in possession at ground rents, which during the first three years may be a peppercorn, but afterwards the best rent that can be gotten ; may lease any substances in or under the unsold hereditaments either with or without buildings and surface lands (and whether previously worked or not) for sixty years (or less) in possession, Avith usual powers for working and disposing of the demised premises or incidental thereto, and either at rents or royalties, or both, and either with or without power to the lessee or lessees to determine any such lease, (but reserving in every such lease the best rent (or if royalties are reserved, the best rent and highest royalties) that can be gotten) ; may enter into such contracts and execute such works as shall be judged expedient, with a view to the exercise of these powers ; may determine and accept surrenders of tenancies ; may fell wood (including under- wood) for sale, use upon the property, improvement of other wood or ornament ; may drain lands ; may insure buildings against fire ; may (either for the permanent benefit of the premises or for profit, and so that in lieu of any other application hereby directed, the clear profits arising thereby shall be applicable, if the said trustees or trustee shall think fit, after keeping down mortgage interest in tlie same manner as mortgage monies raised under these powers) do all acts which might be done by lessees under these ])owers ; and may for any of the purposes of these powers raise money by mortgage with power of sale of the unsold premises, the mortgagee or mortgagees of which shall not be bound to see tliat the money raised was required for any such purpose as aforesaid. 2. Tliat the trustees' receipts shall discharge persons paying purcliase mortgage or other money from lial)ility in regard to the application tlicreof. 3 That the said {husband) and 26 COMMON FORMS. {intended wife) and the survivor, and after sueli survivor's death the surviving or continuing trustees or trustee, or the executors or admi- nistrators of the last surnving or continuing trustee, may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or decline or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied at the same or several times, and in any order, and any one or more be left unsupplied : And every refusing or retiring trustee shall be deemed continuing for the purpose of supplying (if willing) his own or any other then subsisting vacancy. (49) . Upon trust that the said or the [survivors or] survivor of them, his {a) [heirs], executors, or administrators, or their or his assigns, shall (subject until the death of both the said {husband) and {intended wife), to the written consent of such of them as shall be living) invest the same monies and the monies realized under this trust in or upon any stocks, funds, shares, or securities, not being Irish or foreign, or the personal security of any person, and so that the said trustees or trustee may (subject to such consent as aforesaid) either retain or realize every such investment. (50). Upon trust that the said or the [survivors or] survivor of them, his heii's, executors, or administrators, or their or his assigns, shall invest the same monies and also the monies realized under this trust, and the clear sale monies of purchased real estates, in or upon any stocks, funds, shares, or securities, not being Irish or foreign or the personal security of any person, (and so that the said trustees or trustee may either retain or realize every such investment), or in the purchase of real estate (including chattels real), to be vested in the said trustees or trustee, their heii's, executors, administrators, or assigns, in trust for sale, with such powers of sale leasing and management as shall be appointed by the said trustees or trustee, whose execution of the vesting instrument shall be deemed an appointment to the extent of all powers therein expressed. Provided («) Omit the word " heirs" where the money fund has not arisen from the sale of real estate, e.g., from the sale of leaseholds settled in trust for sale, from a policy, money in hand, covenant, &c. SETTLEMENTS. 27 that the exercise of any trust or power therein or hereinbefore ex- pressed shall be subject, until the death of both the said {husband) and {intended wife), to the written consent of such of them as shall be living. (51). The said {husband), for himself, his heirs, executors and admi- nistrators, covenants with the said , their heirs and assigns, that notwithstanding anything by the said H. or his ancestors done or knowingly suffered, he is entitled to execute this grant of the pre- mises free from incumbrances ; and that he and every person claim- ing under or in trust for him or his ancestors, shall, at the cost of the settled estates, do all acts required for perfecting such grant. (52). The said {husband), for himself, his heirs, executors and admi- nistrators, covenants with the said , their heirs, executors, admi- nistrators and assigns, that notwithstanding anything by the said H. or his ancestors done or knowingly suffered, the respective leases or grants of the said 2ndly [and 3rdly] scheduled premises are subsist- ing unprejudiced, and the said H. is entitled to execute this assurance of the respective premises free from incumbrances and liability vinder the said respective leases or grants up to the present date ; and that he and every person claiming under or in trust for him or his ances- tors, shall, at the cost of the settled estates, do all acts required for perfecting such assurance. (53). (a) The grant hereinbefore contained shall enure (after the marriage) to the use of the said X. and Y. (6), their executors, admi- nistrators and assigns, for the term of 99 years, from the day of , upon trust that they and the survivor of them, his executors or administrators, or their or his assigns, shall, during the joint lives of the said {husband) and {intended wife), raise and pay to the said W. for her separate use the annual sum of .£ , by equal quarterly payments (commencing the day of next), no anticipation of wliich by her sliall be valid : And after expiration or determination (a) Where tlie settlement contains successive life estates, in lieu of forms (o.l) to (r>7) tlic following should be used : (G6), (67), (41), (G8), (69) and (70). A slight alteration will be necessary to adapt the language of a will to that of deeds, parti- cularly as regards the creation of the estates in tail or tail male in (66). (b) Special trustees for the purposes of this term, not identical with thi; general trustees of the settlement. 28 COMMON FORMS. of the said term, to the use of the said H. during his life : And after his death to the use that the said W. may receive during her hfe, in bar of all dower and freebcnch, a yearly rent-charge of .€ — , pay- able by equal quarterly payments, commencing at the end of three calendar montlis from the said H/s death, and may recover all arrears thereof exceeding forty days arrears and all expenses attending such recovery, by entry and possession or perception of rents and profits of the premises : And subject thereto, to the use of the said (a) , their executors, administrators and assigns, for the term of 1000 years, from the day of , upon trust that they and the survivors and survivor of them, his executors or administrators, or their or his assigns, shall receive and pay to the said W. all arrears (exceeding forty days arrears) of the rent-charge hereinbefore limited in use, and all expenses as aforesaid, and shall also discharge all expenses under these presents; and subject thereto, shall execute to the said X. and Y., or the survivor of them, his executors or administrators, upon the attaining twenty-one years by the first child of the marriage (excepting a tenant in tail male in possession of the said premises) who shall attain that age, or upon the death of the said H. (whichever shall last happen) a mortgage by demise with power of sale of the premises for the portion sum of £30,000 {b) (of which £5000 shall not be called in until more than one child of the marriage (excepting as aforesaid) shall have attained twenty-one years, and a further £5000 shall not be called in until more than two children of the marriage (excepting as aforesaid) shall have attained twenty-one years), with interest on the total portion sum at £4 per cent, per annum ; and shall also pay to the said X. and Y., or the survivor of them, his executors or administrators, during the interval Avhich may elapse between the death of the said H. and the execution of the said mortgage, or such part thereof as any child of the marriage (excepting as aforesaid) may be living, a yearly sum equal to what the interest on the said portion sum would amount to if such mortgage were then executed; it being agreed that the said portion sum shall not be deemed to be charged under the said 1000 years term until the period for executing (a) The general trustees of the settlement. (6) These sums are stated as illustrations only. SETTLEMENTS. . 29 the mortgage for the same shall have arrived : And after expiration or determination of the said term^ to tlie use of the first and every other son successively of the said intended marriage, and the heirs male of their respective bodies issuing ; and for default of such issue, to the use of the said H. and his heirs. (54). Provided, 1. That the said annual sum arrears and expenses, raisable under the said terms shall be raised first out of the rents and profits of the premises and in default thereof by mortgage "with power of sale, the surplus rents and profits being paid to the next reversioner, and the said terms determining when no actual or possible trust thereof shall be subsisting. 2. That during the minority of each son of the marriage who (but for this proviso) would be entitled to an estate in possession, the said (a) and the survivors and survivor of them, his executors or administrators, or their or his assigns, shall enter upon, manage and receive the rents and profits of the premises, with power during such management to exercise all acts of ownership, and particularly to determine and accept sm-renders of tenancies, to fell wood (including underwood; for sale, use, improve- ment of lands or other wood or ornament, to drain lands, to insure buildings against fire, and (either for the permanent benefit of the said premises or as a source of profit) to do any acts which miglit be done by lessees under the subsequent powers, the clear rents and profits of the said premises dmnng such management, after defraying all expences thereof, being applied (after keeping down mortgage interest and annual charges) for the minor's maintenance and education to such amoimt as the said trustees or trustee shall think fit (and so that payment to a guardian shall be deemed such application), and the residue (as well as the monies realized from investments under tliis clause) invested and accumulated in or upon any stocks, fmids, shares or securities, not being Irish or foreign, or the personal security of any person; and so that the said trustees or trustee may either realize such investments and accunnilatious for tlic time being or retain the same in trust for the son during whose minority the same shall have arisen provided he shall attain twenty-one years, otherwise upon the trusts and subject to the clauses and provisoes licrcin («) The general trustees. 30 COMMON FORMS. expressed concerning the sale monies arising under the subsequent power. 3. Tliat the several estates hereinbefore limited (including every such entry, possession, management and perception of rents and profits as aforesaid) shall be without impeachment of waste. 4. That so much of the respective portion sums charged under the said 1000 years term as shall not ultimately become subject to be called in under the trusts thereof, with the interest (or yearly payment in lieu of interest) or other the income thereof, shall be held upon the trusts, and subject to the clauses and provisoes hereinafter expressed concerning the sale monies arising under the subsequent power, and the investments and income thereof. 5. That (subject to the last proviso) the said X. and Y. and the survivor of them, his executors and administrators, shall hold the said portion sum if charged under the said 1000 years term, and all securities and interest (or yearly sum in lieu of interest) for the same, upon trust that they or he shall either retain or realize the same portion sum (so far as the same shall be subject to be called in) and the other investments under this trust, and invest the monies reabzed in or upon any stocks, funds, shares or securities, not being Irish or foreign, or the personal security of any person, and shall hold the same premises and all income thereof in trust for the children equally, or child if but one, of the marriage who shall (either before or after the same portion sum shall become charged) attain twenty-one years, excepting any children or child who or whose issue shall (before the same portion sum shall become charged) become entitled to an estate in tail male in possession ; it being agreed that (subject to the last proviso) the said X. and Y. and the survivor of them, his executors or administrators, may raise and apply for any minor's benefit half or less of his or her interest under these trusts, and apply the income (including such mortgage interest or yearly sum in lieu thereof as aforesaid) of his or her said interest for his or her maintenance and education (payment to a guardian being deemed such application), and accumulate any surplus upon the trusts and with the powers of the principal fund from which the same proceeded or the income thereof. (55), Provided, 1. That dui'ing the life of the said (husband) and also during such management as aforesaid, the said and the survivors and survivor of them, his executors or administrators, or their or his SETTLEMENTS. 31 assigns, may sell the premises, [(a) may concur with the owners of other undivided shares therein in partitioning the same], and may exchange the same for other hereditaments with the discretion of absolute owners as to the conditions, mode, and time of sales and [partitions and] exchanges, and with power to contract and rescind contracts, to buy in and resell the premises, to receive and pay money for equality of [partition or] exchange, and to effectuate eveiy exercise of these powers, by revoking by any deed or deeds the uses, trusts, clauses and provisoes herein expressed concerning the premises sold (Avithout prejudice to subsisting mortgages and leases), and by the same or any other deed or deeds appointing the same premises to such uses, upon such trusts and subject to such clauses and provisoes as shall be required : It being agreed, that the monies arising under these powers shall be disposed of in the purchase of freehold estates of inheritance, to be settled to the uses upon the trusts and subject to the clauses and provisoes subsisting by virtue hereof in the premises com- prised in the first schedule hereto ; and further, that until such dispo- sition the monies arising as aforesaid or realized from investments under this trust shall be invested in or upon any stocks, funds, shares or securities not being Irish or foreign, or the personal security of any person, (and so that the said trustees or trustee may either retain or realize every investment thereof, applying the income as if it had been the rents and profits of purchased hereditaments) ; and further, that during the life of the said [husband] no sale [partition] or exchange shall be valid unless he shall be a party to and execute the deed (or one of the deeds) by which the same is effectuated, nor shall any disposition, application, investment or realizing of investments of the monies arising under this power be made during the life of the said II. witliout his written consent. 2. That the said II. during his life, and after his death and during sucli management as aforesaid the said trustees or trustee, may lease the premises cither for twenty-one years (or less) in possession at rack rent, or else (in case tlic lessee or lessees shall improve the same by building, or completing, or repairing buildings, or agree to do so within two years next after the date of any (rt) If there are no undivided shares settled, the words applicable to partition may be omitted. 32 COMMON FORMS. sucli lease) for uinety-uine years or less in possession at ground rents, (whicli during Ihc fir.st three years may be a peppercorn, but after- wards the best rent that can be gotten) ; may lease any substances in or under the premises (either with or without buildings and surface ^ands, and whether previously Avorked or not) for sixty years or less in possession, with usual powers for working and disposing of^the demised premises or incidental thereto, and either with or without power to the lassee or lessees to determine any such lease, but reserv- ing in any such lease the best rent (or if royalties are reserved, the best minimum rent and highest royalties) that can be gotten ; and may enter into such contracts and execute such works as shall be judged expedient with a view to the exercise of these powers. (56). The said their executors, administrators and assigns, shall hold the 2ndly scheduled premises upon such trusts and subject to such clauses and provisoes as will (without multiplying charges) correspond to the uses, trusts, clauses and provisoes herein expressed concerning the Istly scheduled premises so far as the rules of law and equity will permit, but so that the 2ndly scheduled premises shall not vest absolutely in any son of the marriage not attaining twenty- one years. (57). Provided also, 1. That the trustee's receipts shall discharge persons paying piu'chase mortgage or other money or transferring trust property from all liability in regard to the apphcation thereof. 2. That the said (Jiushand), and after his decease the surviving or continuing trustees or trustee, or the executors or administrators of the last surviving continuing trustee of the same premises, may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or decline or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied either at the same or several times, and in any order, and any one or more be left unsupplied ; and eveiy refusing or retiring trustee shall be deemed continuing for the purpose of supplying (if willing) his own or any other then subsisting vacancy. [3. That no trustee of these presents shall be responsible for (a) omitting to renew any lease (a) These words may be omitted where there are no renewable leasehohls settled. SETTLEMENTS. 33 or grant of the said 2nclly and 3rdly scheduled premises.] 4. That every trustee of these presents who shall be a solicitor or attorney [including the said ] shall be entitled to the same professional remuneration as if lie had not been a trustee. rOrvMS IN WILLS, (58) to (^0). (58). Upon trust that the said , or the survivors or survivor of them his (a) [heii's] executors or administrators, or their or his assigns, shall either retain or realize my invested personalty and the investments under this trusty and shall realize all my other personalty, investing the monies realized and my ready money (a) [with the sale monies of my real estate devised in trust for sale] (after paying my funeral and testamentary expenses, debts and legacies), in or upon any stocks, funds, shares or securities, not being Irish or foreign, or the personal security of any person. (59). Upon trust that the said ■ , or the survivors or sur^-ivor of them, his heirs, executors or administrators, or their or his assigns, shall either retain or realize my invested personalty and the investments under this trust, and shall realize all my other personalty, investing my ready money and the monies realized under this trast, -with the sale monies [ (b) as well of my real estate devised, in trust for sale as] of purchased real estate (after paying my funeral and testamentary expenses, debts and legacies), in or upon any stocks, funds, shares or securities, not being Irish or foreign, or the personal security of any person, or in the pTirchase of real estate (including chattels real), to be vested in the said trustees or trustee, their heirs, executors, adminis- trators and assigns in trust for sale, with all powers of sale leasing and management appointed by my said trustees or trustee, whose execution of the vesting instrument sliall be deemed an appointment to tlie extent of all powers therein expressed. (60). Tlie income of the trust premises [(c) with the clear rents (a) Omit the words in brackets where the will includes no real estate in trust for sale. (b) Omit the words in brackets where the will includes no realty in trust for sale. (c) These words may be omitted unless (59) has been used, or unless the will includes realty in trust for sale. 1) 34 COAfMOX FORMS. and profits as well of purchased real estate as of my unsold real estate devised iii ti-ust for sale] shall be paid (after satisfaction thereout of annuities subsisting under [my will or] any codicil hereto, and so that no consols or other specific investment need be appropriated or pur- chased for that purpose) to my wife during her life. Subject to the foi-cgoing trusts, the premises shall be held in trust for such my children or child in such manner as my said wife shall by deed, will or codicil appoint; and so far as the same shall be unappointed, in trast for my children equally (or child, if but one), who shall be li^^ng at or born after my death (or be then dead, leaving issue then li\ing), and shall attain twenty-one years or (being daughters or a daughter) shall marry, (but so that no child shall take any unappointed share witliout bringing his or her appointed share into hotchpot) ; and on failure of the foregoing trusts, in trust for A. B,, of , absolutely. (61). The income of the trust premises [(a) with the clear rents and profits as well of purchased real estate as of my unsold real estate devised in trust for sale] shall be paid (after satisfaction thereout of annuities subsisting under [my will or] any codicil hereto, and so that no consols or other specific investment need be appropriated or purchased for that purpose) to my wife during her life, or such part thereof as she shall continue my widow unmarried. Subject to the foregoing trusts, the j)remises shall be held in trust for such my children or child in such manner as my wife (being my widow and unmarried) shall by deed, will or codicil appoint; and so far as the same shall be unappointed, in trust for my children equally (or child, if but one) who shall be living at or born after my death, or be then dead leaving issue then Hidng, and shall attain twenty-one years, or (being daughters or a daughter) shall marry, (but so that no child shall take any unappointed share without bringing his or her appointed share into hotchpot) ; and on failure of the foregoing trusts, in trust for A. B. absolutely. (G2). ProA-ided {b), 1. That my said trustees or trustee may (without prejudice to the trusts preceding the creation of such interest) raise (a) The words may be omitted unless (o9) has been used, or unless the will includes realty in trust for sale. (J) The words in brackets in this form may be omitted unless (59) has been sued, or unless the will includes realty in trust for sale. WILLS. PERSONALTY. 35 and apply for any minor's benefit half or less of his or her interest under the trusty and apply the income of his or her said interest for his or her maintenance and education (payment to a guardian being deemed such application), and accumulate any surplus upon the trusts, and with the powers of the principal from which the same proceeded or the income thereof [and may also (subject to such consent as aforesaid) lease my unsold real estate demised in trust for sale for twenty-one years or less in possession at rack rent] : 2. That the trustees' receipts shall discharge persons paying purchase or other money or transferring trust property from liability in regard to the application thereof: 3. That the sui'viving or continuing trustees or trustee (or the executors or administrators of the last sm'viving or continuing trustee) may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied at the same or several times and in any order (and so that any one or more may be left unsupplied), and if occasioned by the death of an original trustee or trustees, whether such death shall precede mine or not ; and every refusing or retii'ing trustee shall be deemed continuing for the pm'pose of supplying, if willing, his own or any other then subsisting vacancy : [4. That no trustee shall be responsible for deferring the sale of any real estate, notwithstanding any conse- quent loss or expiration of interest] : 5. That every trustee and executor of my will who may be a solicitor or attorney [including the said ] shall be entitled to the same professional remuneration as if he had not been such trustee or executor. (63). I appoint my wife (a) [and such persons as she shall by will or codicil appoint] the guai'dian and guardians of my children dui-ing their respective minorities ; I devise my trust and mortgage estates (subject to the equities subsisting therein) unto and to the use of the said , their heirs, executors, administrators and assigns, the mort- gage money being taken as part of my personal estate ; And I appoint the said my executors, with power for them and every acting executor of my will to compound or satisfy claims against my estate (rt) Tills will of course be framed according to instructions. u 2 36 COMMON FORMS. upon any cvidnico, and to accept any composition or security for or allow time (cither with or without composition or security) for the payment of debts owing to my estate, without liability for loss. (61). Upon trust that the said , and the survivors and survivor of them, his heirs, executors or administrators, or their or his assigns, shall (subject during my wife's life to her written consent) sell the same premises, with the discretion of absolute owners as to the conditions, time and mode of sale, and with power to buy in and resell the premises, to execute and rescind cdntracts, and to execute assurances of the premises sold. (65). Provided, 1. That my said trustees and trustee may (without prejudice to the tnists preceding the creation thereof) raise and apply for any minor's benefit half or less of his or her interest under the trust, and apply the income of any minor's said interest for his or her maintenance or education, accumulating any surplus upon the trusts and with the powers of the principal from which the same proceeded, or the income thereof. Subject to such consent as aforesaid, they or he may also lease my real estate devised in trust for sale, either for twenty-one years or less in possession, at rack-rent, or else (in case the lessee or lessees shall improve the same by building or completing or repairing buildings, or agree to do so, within two years next after the date of any such lease) for ninety-nine years (or less) in possession, at ground rents which, during the first three years, may be a peppercorn, but afterwards the best rent that can be gotten ; may lease any substances in or imder the unsold hereditaments, either with or without buildings and surface lands (and whether previously worked or not) for sixty years (or less) in possession, with usual powers for working and disposing of the demised premises, or inci- dental thereto, and either at rents or royalties, or both, and either with or without power to the lessee to determine any such lease, reserving in every such lease the best rent (or if royalties are reserved the best minimum rent and highest royalties) that can be gotten ; may enter into such contracts and execute such works as shall be judged expedient with a view to the exercise of these powers ; may determine and accept surrenders of tenancies ; may fell wood (including underwood) for sale, use upon the property, improvement of lands or other wood or ornament ; may di-ain lands ; may insure buildings against fire ; may (either for the permanent benefit of the property, or WILLS. REALTY. 37 as a source of profit, and so that in lieu of any application thereof hereby directed the clear profits may, if my said trustees or trustee shall think fit, after keeping down mortgage interest be applicable as mortgage monies raised under the subsequent power) execute all works which might be executed by lessees under these powers ; and may for any of the purposes of my will raise money by mortgages with power of sale of the unsold hereditaments, the mortgagee or mort- gagees of which shall not be bound to see that the money raised was required for such purposes : 2. That the trustees' receipts shall discharge persons paying piu'cliase, mortgage or other money, or transferring trust property, from liability in I'cgard to the application thereof: 3. That the surviving or continuing trustees or trustee, or the executors or administrators of the last survi^dng or continuing trustee, may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment revested or not at discretion. The vacancies may be supplied at the same or several times, and in any order (and so that any one or more may be left unsupplied), and (if occasioned by the death of an original trustee or trustees) whether such death shall precede mine or not ; and every refusing or retiring trustee shall be deemed continuing for the purpose of supplying his own or any other then subsisting vacancy : 4. That no trustee shall be responsible for deferring the sale of any real estate, notwithstanding any consequent loss or expiration of interest : 5. That every trustee or executor of my will who shall be a solicitor or attorney [including the said ] shall be entitled to the same professional remuneration as if he had not been such trustee or executor. (G6). I devise my real estate (not hereby otherwise disposed of) to the use that my wife may receive during her life a yearly rent charge of £ payable by equal quarterly payments, commencing at the end of three calendar months from my death, and may recover all arrears thereof, exceeding forty days arrears and all expenses attending such recovery, by entry and possession or perception of rents and profits : And svibject thereto to the use of (a) X. and Y., their executors, (a) S[)ccial trustees not the general trustees of the will. 38 COMMON FORMS, administrators and assigns, for the term of 500 years from my death, upon trust that they and the survivor of them, his executors or admi- nistrators or thcii' or his assigns, shall pay to the persons entitled thereto, according to their priorities, all arrears exceeding forty days aiTcars of the subsisting rent charges under my will, and all expenses attending such recovery : And after expiration or determination of the said term, to the use of (a) and their executors, admi- nistrators and assigns, for the term of 1000 years from my death, upon trust that they and the survivors and survivor of them, his executors or administrators or their or his assigns, shall defray all expenses of their trust, and subject thereto and to the rent-charges subsisting under my will, shall, upon the attaining twenty-one years by the first child (excepting a tenant in tail male in possession) of every tenant for life becoming entitled in possession under the subse- quent limitations who shall attain that age, or upon the death of such tenant for life (whichever shall last happen) execute to the said X. and Y. or the survivor of them, his executors or administrators (in case such tenant for life shall by deed either before or after becoming entitled in possession, or by will or codicil so appoint), a mortgage or further charge with power of sale of my said real estate for the portion sum of £10,000) of which £1500 shall not be called in imtil more than one child (excepting as aforesaid) of such tenant for life shall have attained twenty-one years, and a further £1500 shall not be called in until more than two such children (excepting as aforesaid) shall have attained twenty-one years), with interest after the rate of £4 per cent, per annum on the total amount of each such portion sum, and shall also (in the case last aforesaid and subject as aforesaid,) pay to the said X. and Y. and the survivor of them, his executors or admi- nistrators, during the interval which may elapse between the death of such tenant for life and the execution of such mortgage or future charge (or such portion thereof as any child excepting as aforesaid of a tenant for life in possession in favour of whose childi-en each such portion sum of £10,000 is hereinbefore made chargeable shall be li^'iiig)? a yearly sum equal to what the interest on the same portion sum would amount to if such mortgage or further charge were then (d) The general trustees WILLS. REALTY. 39 executed ; It being my will that no portion sum shall be deemed to be charged under the said 1000 years term, until the period for executing the mortgage or further charge hereinbefore directed to be executed for the same shall have arrived : And after expiration or determination of the said term to the use of each of my sons succes- sively during his life, and after his decease to the use of his first and other sons successively in tail male, with a remainder immediately after the estate of each tenant for life who shall become entitled in possession, to the use that his widow may (if he shall by deed either before or after becoming so entitled, and either before or after mar- riage, so appoint, and in priority to the portion sum and interest or yearly sum in lieu thereof (if any) appointed by such tenant for life under the said 1000 years term) receive diu-ing her life a rent-charge of £ payable by equal quarterly payments, commencing at the end of three calendar months from his death ; and may recover all arrears thereof (exceeding forty days arrears), and all expenses attend- ing such recovery by entry and possession or perception of profits of my said real estate : With remainder to the use of my heirs. {07). Provided, 1. That the arrears and expenses raisable under the said terms shall be raised in the first instance out of the clear rents and profits of the premises, and in dcfavdt thereof by mortgage with power of sale, the surplus rents and profits under the said terms being paid to the next reversioner, and the same terms determining when there shall be no actual or possible trust thereof subsisting. 2. That during the minority of every tenant for life or tenant in tail male by purchase, who (but for this proviso) would be entitled to an estate in possession, the said and the survivors and survivor of them, his executors or administrators, or their or his assigns, shall enter upon, manage and receive the rents and profits of the premises, with power during such management to exercise all acts of ownership, and parti- cularly to determine and accept surrenders of tenancies, to fell wood (including underwood) for sale, use, improvement of lands, or other wood or ornament, to drain lands, to insure buildings against fire and (either for the permanent benefit of the premises or as a source of profit) to do and execute any works which might be done or executed by lessees under the subsequent powers, the rents and profits of the premises during such management, after defraying all expenses thereof, being applied after keeping down mortgage interest and annual chai-ges 40 COMMON FORMS. for the minor's maintenance and education, to such amount as the said trustees or trustee sliall think fit (and so that payment to a guar- dian shall be deemed such application), and the residue (as well as the monies realized from investments under this clause) invested and accumulated in or upon any stocks, fimds, shares, or securities, not being Irish or foreign, or the personal security of any person, and so that my said trustees or trustee may either reahze such investments and accumidations, or retain the same in trust for the person during whose minority the same shall have arisen, pro^dded he shall attain twenty-one years, otherwise upon the trusts and subject to the clauses and provisoes herein expressed concerning the sale monies arising under the subsequent power. 3. That the several estates hereinbefore limited (including every such entry, possession, management and perception of profits as hereinbefore mentioned,) shall be without impeachment of waste. 4. That so much of the respective portion sums charged under the said 1000 years term, as sliall not ultimately become subject to be called in under the trusts hereof, with the interest (or yearly payment in lieu of interest) or other income thereof, shall be held upon the trusts and subject to the clauses and proAisoes here- inafter expressed concerning the sale monies arising under the subse- quent power and the investments and income thereof. 5. That (subject to the last proviso) the said X. and Y. and the siu'vivor of them, his executors or administrators, shall hold the portion sums charged imder the said 1000 years term, and all securities and interest (or yearly sum in lieu of interest) for the same, upon trust that they or he shall either retain or realize the same portion sums (so far as the same shall be subject to be called in) and the other investments under this proviso, and invest the monies reabzed in or upon any stocks, funds, shares or securities, not being Irish or foreign, or the personal seciu'ity of any person; and shall hold the same premises in trust for the children equally, or child, if but one, of the tenant for life, by whom the same was appointed, who shall (either before or after the same portion sum shall become charged) attain twenty-one years, excepting any children or child who or whose issue shall (before such portion sum shall become charged) become entitled to an estate in tail male in possession : It being fiu'ther my will that (subject to the last proviso) the said X. and Y. and the survivor of them his executors or adminis- WILLS. REALTY. 41 trators, may raise and apply for any minor's oenefit half or less of his or her interest under the trust, and apply the income (including such interest or yearly sum in lieu thereof as aforesaid) of his or her said interest for his or her maintenance or education (payment to a guardian being deemed such appHcation), and accumulate any surplus upon the trusts and with the powers of the principal from which the same proceeded or the income thereof. 6. That the maxi- mum, payable quarterly in respect of the rent-charges appointed under the foregoing powers shall be £ , the excess over which of the quarterly total of rent-charges so appointed shall not be raised or deemed to be subsisting within the meaning of my will, the loss being borne by the rent-charges appointed according to priority of interest in the person exercising the power. 7. That if at any time the aggre- gate of portion sums or parts of portion sums charged, and subject to be called in under the said 1000 years terra, shall amount to £ , no further portion sum or part of a portion sum shall be charged under the said 1000 years term, the loss being borne exclusively by the portion sums or parts of portion sums becoming subject to this proviso. (68). Provided also, 1. That during the life of every tenant for life in possession who shall be of full age, and also during such manage- ment as aforesaid, the said , and the sur\dvors and survivor of them, his executors or administrators, or their or his assigns, may sell the said premises, [ (a) may concur with the owners of other undivided shares therein in partitioning the same] , and may exchange the same for other hereditaments, with the discretion of absolute owners as to the conditions, mode and time of sales [partitions and] exchanges^ and with power to contract and rescind contracts, to l)uy in and resell tlie premises, to receive and pay money for equality of [partition or] exchange, and to effectuate eveiy exercise of these powers by revoking by any deed or deeds the uses, trusts, clauses and provisoes herein expressed concerning the premises sold (without prejudice to subsisting mortgages and leases), and by the same or any other deed or deeds appointing the said premises to such uses, upon such trusts and (// TioNANT /or Life rt??£^ Tena.vt in Tail. TUTS INDENTURE, &c., between (A.B.) of the 1st part (CD.) (eldest son of the said A. B.), of the second part, and {purchaser) of the tliird part, witnesseth as follows. 1. In consideration of £ , paid to the said A. B. and C. D., by the said P., the said A. B., in respect of his after mentioned life estate, grants, and the said C. D. (with the consent hereby testified of the said A. B. as protector of the after mentioned settlement) grants unto the said P. and his heirs such of the hereditaments by the will (dated, &c.) of X. Y., limited to the use of the said A. B. during his life, with remainder to the use of his first and other sons successively in tail male as are described in the schedule hereto, with their legal or usual appurtenances. ( Covenant hy A. B. and C. D. as in the last Precedent). In witness, &c. No. 23. Conveyance of Freeholds hy Tenant iyi Tail tvhere there is no Protector of the Settlement. THIS INDENTURE, &c., between (veridor) of the one part, and (purchaser) of the other part, witnesseth as follows. 1. The said Y., in consideration of £ ■ paid to him by the said P., grants imto the said P. and his heirs such of the hereditaments by the will (dated, &c.) of X. Y., limited to the use of A. B. deceased diu'ing his life, with remainder to the use of his first and other sons successively in tail (and now vested in possession in the said Y. as his eldest son) as are described in the schedule hereto, "with their legal or usual appurtenances (4). In witness, &e. PURCHASE DEEDS. 00 No. 24.. Conveyance of Freeholds hij Persons ent'Uled hi equal Undivided Shares. THIS INDENTURE, &c., between (A. B.)of , spinster, of the first part (C. D.) of , spinster, of the second part (E. F.) of , spinster, of the third part, and {purchaser) of the foiu-th part, witnesseth as follows. 1. Each of the said A. B., C. D., and E. F., in consideration of £ , paid to her by the said P., and as to the undivided third share to which she is entitled in coparcenary (as one of the three daughters and coheiresses of X. Y. deceased) in the premises, grants unto the said P. and his heirs the hereditaments described in the schedule hereto, with their legal and usual appurtenances. 2. Each of the said A. B., C. D., and E. F., as to one third part of the said premises, and the acts only of herself and those claiming under her in respect thereof, covenants \ni\\ the said P., his heirs and assigns, that notwithstanding anything done or knowingly suffered by tlie said parties hereto of the first three parts or any of them, or their ancestors, they are entitled {the rest as in (1).) In witness, &c. No. 25. Assignment of Leaseholds by Persons ciilillcd in niwqual Undivided Shares. THIS INDENTUllE, &c., between (A. B.) of the first part, (C. D.) of the second part, (E. F.) of the third part, and (purchaser) of the fourth part, witnesseth as follows. 1. The said (A. B.) in consideration of .ClOOO paid to him by tlie said P., and as to one undivided half share to which he is entitled under the wiU (dated, &c.) of X. Y. in the premises, assigns, and each of them the said C. D. and E. F., in consideration of £ paiil to liim by the said P., and as to the undivided fourth share to which hi; 70 PURCHASE DEEDS. is entitled under the same -svill in the premises, assigns unto the said P., liis executors and administrators, the premises described in the schedule hereto, with their legal or usual appurtenances, during the subsisting residue of the term of years created by a lease (dated, &c.) from L. M. to the said X. Y. 2. The said A. B., as to one-half share in the premises, and the acts only of himself and those claiming under him in respect thereof, for himself, his heirs, executors and administrators, covenants, and each of the said CD. and E. F. as to one-fourth share in the premises, and the acts only of himself and those claiming under him in respect thereof, for himself, his heirs, executors and administrators, covenants -trith the said P., his executors, administrators and assigns, that not- withstanding anything done or knowingly suffered by the parties hereto of the first three parts or any of them, or the said X. Y., the said lease is subsisting unprejudiced, and the said parties hereto are entitled {the rest as in (5).) In witness, &c. No. 26. Assignment oJ an undivided Reversionary Share in Personalty (a). THIS INDENTURE, &c., between (vendor) of the one part, and {jpurchaser) of the other part, w itnesseth as follows. 1. The said V., in consideration of £ paid to him by the said P., assigns unto the said P., his executors and administrators expectantly on the decease of C. D., of widow (formerly spinster) the undiAnded one-sixth or other present or future share or interest of the said V. as one of the children (at present six) of the said C. D. formerly spinster, and A. B. deceased, imder their marriao-e settlement (dated, &c.) in the trust premises therein comprised («) If there is any dilliculty (which may often be the case) in preparing the schedule to an assignment of this kind, the words in brackets may be omitted. PURCHASE DEEDS. 71 [and which are specified according to their present investments in the schedule hereto] . [The schedule, &c. (a) .] No. 27. Conveyance of an Equity of Redemption (bi/ Indorsement) to the Mortgagee. THIS INDENTURE, &c., between the within named {mortgagor) of the one part, and the within-namcd {purchaser) of the other part, witnesseth as follows. 1. In consideration of £ now due for principal and interest on the security of the within written indenture, and of £ now paid to the said M. by the said P., the said M. grants unto the said P. and his ligirs the premises expressed to be granted by the within-written indenture, discharged from all equity of redemption under the same indenture (4). In witness, &c. No. 28. Conveyance of Freeholds (6), jyartof the Purchase Money remaining unpaid. THIS INDENTURE, &c., between [vendor) of the one part, and {jmrchaser) of the other part, witnesseth as follows. 1. In consideration of CI 000 paid to the said V. by the said P., and of £500 (making, with the said sura of .CI 000, the aggregate (a) The schedule should specify in what names the trust property is standinjj, and notice should be given to the trustees. Being an equitable chose in action, no power of attorney is required. (b) This form is often employed ; but there seems no sufficient reason against the more obvious course of a conveyance, followed by a mortgage in fee in a sepa- rate deed. The deed must be stamped both as a jmrchase deed and a mortgage. 72 PURCHASE DEEDS. purchase money of £1500 and secured as herein appearing), the said V. gi'ants unto the said P. and his heirs the hereditaments described in the schedule hereto, with their legal or usual appurtenances, to the use of the said V. his executors and administrators from the day of ^ for the term of 1000 years, without impeachment of waste; and after expiration or determination of such term to the use of the said P. and his heirs (4) (9) : Pr'ovided that if the foregoing covenant shall be satisfied on the said day of next the said term shall then determine (23) (24). («). In witness, &c. (2). SALES BY(b) FIDUCIAEY OWNEES. No. 29. CoNVEYAKci: of Freeholds and Leaseholds by Devisees in trust for Sale. THIS INDENTURE, &c., between {ve7idors) of the one pJf and (jmrchaser) of the other part, witnesseth as follows. 1. The said V. in consideration of £ paid to them by the said P., and for eifectuating a sale made (c) pursuant to the trusts of the will (dated, &c.) of X. Y., grant unto the said P. and his heirs such of the freehold hereditaments by the said will devised to the said V. in tr\ist for sale, as are comprised in the first schedule hereto, with their legal or usual appurtenances. 2. For the consideration and pui^pose aforesaid the said V. assigns vado the said P., his executors and administrators such of the leasehold premises by the said will devised to the said V., in trust for sale as ai'e comprised in the 2nd and 3rd schedules hereto, with their legal or usual appurtenances : As to the 2ndly scheduled premises diu'ing the subsisting residue of the term of years, created by a lease (dated, &c.,) from M. N. to the said X. Y. : And as to the 3rdly (a) Adding after " may sell the premises," the words " during the subsisting residue of the said term." (b) Purchases by trustees under settlements will be found in Part 3. (c) If the trust required a sale by auction, add "by public auction on the day of ." PURCHASE DEEDS. 73 scheduled premises during the subsisting residue of the term of years, created by a lease (dated, &c.) from O. P. to the said X. Y. (2). 4. The said P., for himself, his heirs, executors and administrators, covenants with the said V., their executors and administrators, that the said P., his executors, administrators and assigns, will discharge and keep the said V., their heirs, executors and administrators, and the estate of the said X. Y. indemnified against all liability under tlie said respective leases subsequently to the present date. In witness, &c. No. 30. Conveyance o/ Freeholds by Donees of a Power under a Settle- ment, ivith the cGiiciirrence of the Tenant /or Life (a). THIS INDENTURE, &c., between {vendors) of the first part, (A. B.) of the second part, and {purchaser) of the third part, witnesseth as follows : 1. The said V., in consideration of £ , paid to them by the said P., and for effectuating a sale {b) made pursuant to such power and with such consent and so testified as hereinafter mentioned, do, in exercise of their power under a Settlement, dated, &c., and expressed to be made between, &c., and with the consent hereby testified of the said A. B,, as tenant for life of the settled premises (c), revoke the uses, trusts, clauses and provisoes by the said settlement expressed concerning the hereditaments described in the schedule hereto, with their legal or usual appurtenances, and appoint that the same premises shall remain to the use of the said P. and liis heirs {d) (2). 3. The said A. B., for himself, his heirs, executors and administra- tors, covenants Avith the said P., his heirs and assigns, that notwith- (a) It is the usual practice for the tenant for life to execute the conveyance, both to evidence his consent and to covenant for title. (b) See note on the preceding Precedent. (c) The concise language of the present forms has been here inserted. "Where other forms have been employed, their language must be given verbatim. ill) A grant by the trustees and tenant lor life is lVe(iuently added, but is quite superfluous. 74 I'UIK'IIASE DEEDS. standing anything by the said V. or the said A. B. or his ancestors (lone or knowingly suffered the said A. B. is entitled to give such consent as aforesaid, and the said V. are entitled to execute this assurance of the premises free from incumbrances, and that he and they and all persons claiming under or in trust for him or them, or the ancestors of the said A. B., will at the cost of the said P., his heirs and assigns, do all acts required for perfecting such assurance. In witness, &c. No. 31. Conveyance 0/ Freeholds, Leaseholds, and Personal Chat- tels, by Mortgagee with Poioer of Sale. THIS INDENTURE, &c., between {mortgagee) of the one part, and {purchaser) of the other part, witnesseth as follows : 1. In consideration of £ paid by the said P. to the said M., in discharge of the principal and interest now due upon the after men- tioned mortgage, and for effectuating a sale made {a) pursuant to the powers thereof, the said M. grants unto the said P. and his heirs such of the hereditaments described in the first schedule hereto as are com- prised in a mortgage security for £ , (dated, &c.) from X. Y. to the said M., with their legal or usual appurtenances, discharged from all monies secured by the said mortgage. 2. For the consideration and purpose aforesaid the said M. assigns unto the said P., his executors and administrators, such of the premises described in the 2nd and 3rd schedules hereto as are comprised in the said mortgage, with all legal or usual appurtenances to the 2ndly scheduled premises : As to the last mentioned premises dm'ing the subsisting residue of the term of years, created by a lease (dated, &c.) from to the said X. Y. : And as to the 3rdly scheduled premises absolutely : And as to all the premises, discharged from all monies secured by the said mortgage (1). Covenants by purchaser, as in (5.) In witness, &c. (a) If a sale by auction was required, add " by public auction on the day of ." PURCHASE DEEDS. 75 No. 32. Conveyance 0/ Freeholds by Mortgagor and Mortgagees. THIS INDENTURE, &c., between (A. B.) of the 1st part, (C. D.) of the 2nd part, E. F. and G. H. of the 3rd part, {mortgagor) of the 4th part, and {purchaser) of the 5th part, witnesseth as follows ; 1. In consideration of £5000 paid by the said P. at the request of the said M., to the parties hereto of the first three parts (in the proportions appearing by their receipts hereon endorsed) in discharge of the sums of the same respective amounts now due for principal and interest upon their after mentioned securities, and of £1000 paid by the said P. to the said M. The said A. B. as to such of the premises as are com- prised in a mortgage security for £2000 (dated, &c.,) from the said ]\I. to the said A. B., grants, and the said C. D. as to such of the pre- mises as are comprised in a mortgage security for £1500 (dated, &c.,) from the said M. to the said C. D., releases, and the said E, F. and G. H. as to such of the premises as are comprised in a mortgage security for £1500 (dated, &c.) fi'om the said M. to the said E. F. and G. H., release, and the said G. H. as to all the premises grants and confirms unto the said X. Y. and his heirs the hereditaments described in the schedule hereto with their legal or usual appurtenances, discharged from all monies secured by the said respective mortgages (3). 3. The said M. for himself, his heirs, executors and administrators, covenants with the said P., his heirs and assigns, that notwithstanding anything by the said parties hereto of the first foiu- parts done or knowingly suffered, they or some or one of them are or is {the rest as in (4). ) In witness, &c. 7() iMitciiAsi': di:kds. No. 33. CoNVKYANCE of FiiERFioLDs itiider a Decree of the Court of Chancery (rt). THIS INDENTURE, &c., between (A. B. and C. D.) of the one part, and {purchaser) of the other part, witnesscth as follows : — 1. In consideration of £ paid by the said P. (with the privity of the Accountant General of the Court of Chancery) into the Bank of England, to the credit of certain causes of v. and V. , and for effectuating the purchase of the premises by the said P. at a sale by public auction on the day of last (the sale and payment aforesaid being pursuant to an order of the Court made in the said causes on the day of , and the purchase by the said P. being duly certified by the certificate (dated, &c.) of the chief clerk of the Judge imder whose direction the sale was made,) they the said A. B. and C. D., Auth the approval (testified by his signature in the margin hereof) of the said chief clerk in respect of this assurance, grant unto the said P. and his heirs such of the hereditaments by the will (dated, &c.) of de\dsed to the said A. B. and C. D., in trust for sale as are described in the schedule hereto, with then- legal or usual appurtenances (2.) In witness, &c. No. 34. Conveyance of Freeholds and Leaseholds by Assignees in Bankruptcy'. THIS INDENTURE, &c., between (A. B.) and (C._D.) of the first part, (E. F.) of the second part, {bankrupt) {b) of the third part, and {purchaser) of the fourth part, witnesseth as follows : — 1. In consideration of £ paid by the said P. to the said E. F. (a) Purchases under a decree are now settled by the six conveyancing counsel ai)pointed by the Court. (b) The bankrupt's concurrence is desirable, but cannot be compelled. EXCHANGES AND AGREEMENTS FOR EXCHANGES. 77 as official assignee under the after mentioned bankruptcy, and for effectuating the purchase by the said P. of the premises at a sale by public auction on the day of last (the sale and payment aforesaid having been made by the direction of the said A. B. and C. D. as assignees of the estate of the said B., an adjudicated bankrupt under a petition filed on the day of ), they the said A. B. and C. D. grant, and the said B. grants and confirms imto the said P. and his heirs and assigns the hereditaments described in the first schedule hereto, with their legal or usual appurtenances. 2. For the consideration and purpose aforesaid (^assignment by assignees and hankrupt of fremises held under Uvo leases, as in Precedent No. 29), (2) (G) (a). In witness, &c. Sect. 3. EXCHANGES AND AGREEMENTS FOR EXCHANGE. (Precedents 35 to 39). EXCHANGES. No. 35. Exchange by Absolute Owners. THIS INDENTURE, &c., between (A.B.) of tlie one part and (CD.) of the other part, witnesseth as follows : — 1. In consideration of the conveyance l)y indcntm-e of even datd herewith by the said C. D. to the use of the said A. B., his heirs and assigns of certain hereditaments at , in shire, with tlicir appurtenances (i), the said A. B. grants unto the said C. D. and liis (a) This covenant will be by the bankrupt. (h) If the fact, add " and off • paid l.y the said C. D. to thu sai.l A. 1}. for erpiality of exchange." 78 KXCIIANGES AND AGREEMENTS FOR EXCHANGES. lieirs the hereditaments described in tlic schedule hereto, with their legal or usual appurtenances. (4). Provided that no right of re-entry or otherwise over the premises shall arise to the said A. B., his heirs or assigns in the event of his or their eviction from the hereditaments comprised in the said indenture of even date herewith. In witness, &c. No. 36. Exchanges hy Fiduciary Owners under Powers {a). THIS INDENTURE, &c., heiween {trustees A. A.) of the 1st part, (M. N.) of the 2nd part, and {trustees B. B.) of the 3rd part, witnesseth as follows : — 1. In consideration of an indenture of even date herewith (expressed to be made between the said B. B. of the 1st part, O. P. of the 2nd part, and the said A. A. of the 3rd part), by wliich the said B. B., in exercise of their power of exchange under the marriage settlement of the said O. P. with his present wife, formerly spinster, and with his consent as tenant for life of the settled premises, assured certain hereditaments at in shire, with their appurtenances, to the subsisting limitations of the after mentioned will; they the said A. A., in exercise of their power of exchange under the will (dated, &c.) of X. Y., and with the consent (hereby testified) of the said M. N. as tenant for life of the real estate by the said will limited in use, revoke the uses, trusts, clauses and provisoes by the said will expressed (amongst other hereditaments) concerning the hereditaments described in the schedule hereto, with their legal or usual appiu'tenances, and appoint that the same premises shall remain to the uses, upon the trusts and subject to the clauses and provisoes now subsisting by virtue of the same settlement in respect of the premises thereby limited in use (2). {Covenant hy M. N. as in Precedent No. 30.) In witness, &c. (a) This and the following Precedent shew the mode of preparing such an assurance by separate deeds. In Precedent No. 38 one deed only is employed. EXCHANGES AND AGREEMEXTS FOR EXCHANGES. 79 No. 37. THIS INDENTURE, &c., between {trustees B. B.) of tlie 1st part_, (O. P.) of the 2nd part, and {trustees A. A.) of the 3rd part, witnesseth as follows : — 1. In consideration of an indenture of even date herewith (expressed to be made between the said A. A. of the 1 st part, M. N. of the 2nd part, and the said B. B. of the 3rd part, by which the said A. A., in exercise of their power of exchange under the will (dated, &c.) of X. Y., and with the consent of the said M, N. as tenant for life of the real estate thereby limited in use, assm'ed certain hereditaments at , in sliire, with their appurtenances, to the subsisting limita- tions of the after mentioned settlement, they the said B. B. do, in exercise of their power of exchange under the marriage settlement (dated, &c.) of the said O. P. with his present wife , formerly spinster, and with his consent (hereby testified) as tenant for life of the settled premises, revoke the uses, trusts, clauses and provisoes by the said settlement expressed (among other heredita- ments) concerning the hereditaments described in the schedule hereto, with their legal or usual appurtenances, and appoint that the same premises shall remain to the uses upon the trusts, and subject to the clauses and provisoes now subsisting by vii'tue of the said will, in respect of the real estates thereby limited in use (2). {Covenant by O. P. as in Precedent No. 30.) In witness, &c. No. 38. THIS INDENTURE, &c., between {trustees A. A.) of the first part (M. N.) of the second part {trustees B. B.) of the third part, and (O. P.) of the fourth part, witnesseth as follows : — 1. In consideration of the subsequent assm-aucc by the said H. B., they the said A. A., in exercise of their power of exchange under the will (dated, &c.) of X. Y. and with the consent (hereby testified) of the said M. N., as tenant for life of the real estates by the said will 80 EXCHANGES AND AGREEMENTS FOR EXCHANGES. limited in uso, revoke the uses, trusts, clauses and provisoes by the said will expressed (amongst other hereditaments) concerning the hereditaments described in the first schedule hereto, with their legal or usual appurtenances, and appoint that the same premises shall remain to the uses, upon the trusts, and subject to the clauses and provisoes now subsisting by virtue of the after mentioned settlement in respect of the premises thereby limited in use (2). {Covenant hy M. N. as in Precedent No. 30.) 2. In consideration of the preceding assurance by the said A. A., they the said B. B., in exercise of their power of exchange under the marriage settlement (dated, &c.) of the said O. P. with his present wife, formerly spinster, and with his consent (hereby testified) as tenant for life of the settled premises, revoke the uses, trusts, clauses and pronsoes by the same settlement expressed (amongst other here- ditaments) concerning the hereditaments described in the second schedule hereto, with their legal or usual appurtenances, and appoint that the same premises shall remain to the uses, upon the trusts, and subject to the clauses and pro\asoes now subsisting by virtue of the said will in respect of the real estates thereby limited in use (2). {Covoiant hy O. P. as in Precedent No. 30.) In witness, &c. No. 39. Agreement /or an Exchange. AGREEMENT made this day of , between A. B. of the one part, and C. D. of the other part. The said A. B. in consideration of the after mentioned sale to him and of £ , agrees to sell, and the said C. D. agrees to purchase, the unincumbered fee simple in posses- sion of the hereditaments described in the first schedule hereto, with their appurtenances ; and the said C. D., in consideration of the above mentioned sale to him, agrees to sell and the said A, B. agrees to pur- chase, the unincumbered fee simple in possession of the hereditaments described in the second schedule hereto, with their appm-tenances, such purchases to be completed (and the said sum of £ paid) at jNIessrs. office in , on the day of , and possession dehvered EXCHANGES AND AGREEMENTS FOR EXCIIAXGES. 81 on tlic same day, the previous outgoings on each property being defrayed by the vendor thereof, and this agreement being subject ; as to both purchases to the conditions hereinafter numbered 1 to 6 ; as to the first mentioned purchase (in respect of which the said A. B. is hereinafter called the vendor and the said CD. the purchaser) to Con- ditions 7 and 8; and, as to the second mentioned purchase in respect of which the said C. D. is hereinafter called the vendor and the said A. B. the purchaser), to Conditions 9 and 10. 1. An abstract of title to each property shall be delivered to the purchaser thereof at the vendor's expense, on or before the day of , and the title shall be deemed accepted on such delivery, excepting to the extent of requisitions or objections made within days therefrom. 2. The vendor of each property shall (in the event of any requisi- tion or objection being made in respect thereof) have the option of annulling this agreement. 3. The vendor of each property will produce to the purchaser at the office aforesaid, free of expense, all muniments and evidence of title in his possession ; subject to which all expenses of or incidental to verifying the abstract of title of the same premises and satisfying requisitions thereon (whether of title, evidence, or conveyance, and whether the last preceding Condition shall take efl'ect or not,) shall be borne exclusively by the purchaser thereof. 4. The purchaser of each property shall tender all assurances required by him (including those specified in Condition 10) at the office aforesaid, at least ten days before the day of aforesaid, and shall defray all expenses thereof up to and including execution (except perusal by the vendor), and also half the expense of this agreement. 5. Errors and omissions in either schedule shall not annul the sale of the property therein comprised, but be the subject of compensation on each side, the amount of which shall be settled by a valuer ap- ])()inted by the vendor and purchaser of the same premises, or the umpire appointed by such two valuers, if they diftcr; if tiie purchaser shall not appoint a valuer wlieu required to do so, the compensation shall be fixed by the vendor's valuer alone. G. No objection or retjuisition sluiU l)e made as to the n()niii()(hi('ti()n 82 PARTITIONS AND AGREEMENTS FOR PARTITIONS. of any document, an attested copy or covenant for the production of wliicli shiill l)c produced, nor shall proof be required of any fact appearing by a document dated twenty years or more before sale. 7. The purchaser shall pay interest after the rate aforesaid on so much of the said sum of £ as shall remain unpaid (from whatever course) after the day of aforesaid. 8. The title shall commence {stipulation as to commencement oj title as in Candition 4 of Precedent No. 2). 9. No requisition or objection shall be made as to the title («), &c., and no proof shall be required a), &c. 10. The vendor shall retain all muniments, &c. {stipulation as in Condition 10 of Precedent No. 2). In witness, &c. Sect. 4. PARTITIONS AND AGREEMENTS FOR PARTITION. (Precedents 40 to 46). No. 40. Partition o/ Freeholds by Absolute Owners. THIS INDENTURE, &c., between (A. B.) of spinster, of the 1st part, (C. D.) of spinster, of the 2nd part, (E. F.) of spinster, of the 3rd part, and M. N. of the 4th part, witnesseth as follows : — 1 . For effecting a partition of the aftermentioned premises each of the said A. B., C. D. and E. F., as to the undivided third share therein to which she is entitled in coparcenary as one of the thi-ee daughters and coheiresses of X. Y. deceased, grants unto the said M. N. and his heirs the hereditaments described in the three schedules hereto, with their legal or usual appurtenances; As to the Istly scheduled premises, to the use of the said A. B. and her heu's ; As (a) Restrictive clauses as in Condition 5 of Precedent No. 2. PARTITIOXS AXD AGREEMENTS FOR I'ARTITIOXS. 83 to the 2ndly scheduled premises, to the use of tlie said C. D. and her heirs ; And as to the ;3rdly scheduled premises, to the use of the said E. F. and her heirs. {Covenant by the three with M. N. as in Precedent No. 24). In witness (a) &c. No. 41. Partition o/ Freeholds by Absolute and Fiduciauy Owners. Money Paid/o/- Equality o/ Partition. THIS INDENTURE, &c., between {trustees A. A.) of the 1st part, (C. D.) of the 2nd part, {trustees B. B.) of the 3rd part, (E. F.) of the 1th part, (G. H.) of the 5th part, and (M. N.) of the 6th part, witnesseth as follows : — 1. For effecting a partition of the aftermentioned premises, and in consideration of £500 paid to the said A. A. by the said G. H., the said A. A. in exercise of their power under the marriage settlement (dated &c.) of the said C. D. with his present wife X., formerly spinster, and with the consent (hereby testified) of the said C. D. as tenant for life of the settled premises, revoke the uses, trusts, clauses and pro- visoes by the said settlement expressed concerning the undivided third share to which the said X. is entitled in coparcenary as one of the three daughters and coheiresses of I. K. deceased, in the hereditaments described in the three schedules hereto with their legal or usual appurtenances, and appoint that the same share shall remain to the uses upon the trusts and subject to the clauses and provisoes herein- after expressed. 2. For the purpose aforesaid and in consideration of .toOO paid to the said B. B. by the said G. H., they the said B. B. in exercise of their power under the will (dated &c.) of O. P., and with the consent (hereby testified) of the said E. F. as tenant for bfe of the real estate by the said Avill limited in use, revoke the uses, trusts clauses and provisoes by the said will expressed concerning the undivided third share to which tlic said O. P. was entitled in coiJurctMiary as ouv other («) Tin; il( t tl filiciilil lie ext'ciilcd by tlie grantee to uses. 84 rAIlTITlONS AMJ AfJREEMKNTS FOR PARTITIONS. of the three daughters and coheiresses of the said I. K. in the said sclu'duk'd hereditaments witli their legal or usual appurtenances^ and appoint that the same sliarc shall remain to the uses upon the trusts, and suhject to the clauses and provisoes hereinafter expressed. 3. For the purpose aforesaid the said G. H. grants unto the said M. N. and his heirs the undivided third share to which she is entitled in coparcenary as the other daughter and coheiress of the said I. K. in the said scheduled hereditaments with their legal or usual appur- tenances, to the uses upon and for the trusts, and subject to the clauses and provisoes hereinafter expressed. 4. The respective foregoing assurances shall enure ; As to the three undivided shares hereby assured of the Istly scheduled hereditaments, to such uses upon such trusts and subject to such clauses and pro- visoes as were immediately before the execution hereof subsisting by virtue of the said settlement in respect of the share firstly hereby assured; As to the three undivided shares hereby assured of the Sndly scheduled hereditaments, to such uses upon such trusts and subject to such clauses and provisoes as were immediately before the execution hereof subsisting by virtue of the said will in respect of the share 2ndlv hereby assured ; And as to the three undivided shares hereby assured of the 3rdly scheduled hereditaments, to the use of the said G. H. and her heirs. 5. Each of the said parties hereto of the 1st and 3rd parts for himself, his heirs, executors and administrators, covenants with the said G. H., her heirs and assigns, that they the said parties hereto of the 1st and 3rd parts have done and knowingly suffered nothing whereby the said Istly and 2ndly assured shares are or may be incumbered or prejudicially afieeted {similar covenants by J. A. with B. B. and vice versa) . 8. The said C. D. for himself, his heirs, executors and administra- tors, and as to the Istly assured share covenants, and the said E. F. for himself, his heirs, executors and administrators, and as to the 2ndly assured share covenants with the said G. H., his heirs and assigns, that notwithstanding anything by the said A. A., B. B., C D. and X. his wife, E. F. and O. P. or any of them done or knowingly suffered the said C D. and E. F. are respectively entitled to give such consent as aforesaid, and the said A. A. and B. B. are respectively PARTITIONS AND AGREEMENTS FOR PARTITIONS. 85 entitled to execute this assurance of the Istly and 2ndly assured shares free from incumbrances [the rest as in (4) ). {Similar covenants by C. D. with B. B., and bij E. F. ivitfi A. A.) (i) (a). In witness (6) &c. No. 42. Partitions of Leaseholds by Absolute Owners {by imdual Releases.) THIS INDENTURE, &c., between (A. B.) of the 1st part, (C. D.) of the 2nd part, and (E. F.) of the 3rd part, witnesseth as follows : 1. For eflecting a partition of the aftermentioned premises, each of the said A. B> and C, D. releases unto the said E. F., his executors and administrators, one undivided third share of the premises described in the first schedule hereto with their legal or usual appurtenances during the subsisting residue of the term of years, created by lease (dated, &c.) from to the said A. B., C. D., and E. F. Similar releases by A. B. and E. F. to C. D. as to the premises in the 2nd schedule, and by C D. and E. F. to A. B. as to the inemises in the Srd schedule.) 4. Each of the said A. B., C. D., and E. F., as to the share hereby released by him, and the acts only of himself and those claiming under or in trust for him in respect thereof, for himself, his heii's, executors and administrators, covenants with each of the others of them, liis executors, administrators and assigns, that notAvithstanding anything done or knowingly suffered by the said parties hereto respectively, they are entitled {the rest as in (o) ). 5. Each of the said A. B., C. D., and E. F. for himself. Ids heirs, executors, administrators and assigns, covenants witli the others and each of the others of them, their and each of their exceutors, adminis- trators and assigns, that he, his heirs, executors, administrators and assigns, will discharge and keep the others of them, their heirs, execu- tors, administrators and assigns, indemnified against one-third of the (a) Covenant by G. II. with M. N. ns to the 3rdly assured share. (/») The ileod to he excculcil bv the p;niiitfe to uses. 86 I'AKTITIOXS AM) A(iREKMEXTS I'OR PARTITIONS. rent reserved by the said lease and all other liabilities under the same lease in respeet of the })rcmises two-third shares of which arc hereby released to him. In witness, &c. No. 43. Partition 0/ Leaseholds 63/ absolute and fiduciary Owners {by Assignment to a Trustee). THIS INDENTURE, &c., between {trustees) of the 1st part, (C. D.) of the 2nd part, (E. F.) of the 3rd part, and (G. H.) of the 4th part, witnesseth as follows : 1. For effecting a partition of the aftermentioned premises, the said T., in exercise of their power under the marriage settlement (dated, &c.,) of the said C. D. with his late wife formerly spinster, and as to the one undivided half-share by the said settlement vested in them of the same premises, do (with the consent hereby testified of the said C. D. as tenant for life of the settled premises), assign, and the said E. F. as to the other undivided half-share of the same premises, assigns unto the said G. H., his executors and administrators, the pre- mises described in the two schedules hereto during the subsisting residue of the term of years, therein created by lease (dated, &c.,) fi'om to the said C. D. and E. F., Upon trust to assign the Istly scheduled premises during the subsisting residue of the said term to the said T., their executors and administrators, upon svich trusts and subject to such clauses and provisoes as immediately before the execu- tion hereof were subsisting by virtue of the said settlement, in respect of the half-share hereby assigned by the said T. ; And upon trust, to assign the 2ndly scheduled premises during the subsisting residue of the said term to the said E. F., his executors and administrators absolutely (a). 3. Each of the said C. D. and E. F. as to one-half share of the premises, and the acts of himself and those claiming under him in (a) Covenant by tlie trustees with G. H., gubstituting foi' "premises" "share hereliv assisned by thotu." PARTITIONS AND AGREEMENTS FOR PARTITIONS. 87 respect thereof, for himself, his heirs, executors and administrators, covenants with the said G. H. that notwithstanding anything by the said T., C. D. and E. P. done or knowingly suffered, they or some or one of them {the rest as in (5) ) ; and further, that they the said CD. and E. F., their heirs, executors and administrators will discharge and keep the said G. H., his executors, administrators and assigns indemnified against all liabilities midcr the said lease. In witness, &c. No. 44. Reassignment by the Tjiustee under the preceding Assurance {by indorsementX THIS INDENTURE, &c., between the within named (G. 11.) of the 1st part, the within named {trustees) of the 2nd part, and the within named (E. F.) of the 3rd part, witnesseth as foUows : — 1. Pursuant to the trusts of the within written indenture the said G. H. assigns unto the said F., their executors and administrators, the premises described in the first schedule thereto with their legal or usual appurtenances during the subsisting residue of the within mentioned term, upon such trusts and subject to such clauses and provisoes as immediately before the execution of the within written indenture were subsisting by virtue of the within" mentioned settlement in respect of the half share thereby assigned by the said F. 2. Pursuant to the trusts aforesaid the said G. H. assigns imto the said E. F., his executors and administrators, the premises described in the second schedule to the within Avritten indenture during the subsisting residue of the said term absolutely. In witness, &c. No. 45. Agkeement/o/- a Pautition vJ ruKr.iioi.ns. AURI^IOri'^NT iiKide tliis day of between (.\. H. ) of the 88 PARTITIONS AND AGREEMENTS FOR PARTITIONS. first part, (C. 1).) of the second part, and (E. F.) of the third part. For effecting a partition of the after mentioned premises, each of the said parties in respect of his imdivitlcd tliird sliarc under the will (dated, &c.) of M. N., in the testator's freehold estates of inheritance in shire, agrees with the other of them as follows. 1 . 'J'he commissioner of the said A. B. for the aforesaid partition shall be X. of, &c. The commissioner of the said C D. shall be Y. of, &c. The commissioner of the said E. F. shall be Z. of, &c. 2. The commissioners shall survey the said estates, and prepare a terrier (and if they shall think fit a map) thereof. The terrier shall state the farms or holdings of which the estates consist, Avith their respective occupations and rentals (or estimated rentals) and outgoings, and shall also state under each farm or holding the particulars comprised therein, affixing a number (and name if any) to each particular, and specifying its nature and quantities. 3. The commissioners shall prepare a valuation of the estates (including wood down to l^. per stick) upon the basis of the aforesaid terrier, and divide the same into three portions, either of equal or unequal value, directing in the latter case what sum or sums shall be received and paid in respect of each portion for equality of partition. 4. The parties shall draw lots for priority of choice ; two of the portions shall be successively chosen by the parties entitled to the first and second choice according to their priorities, and the remaining portion shall belong to the third party. 5. Each of the parties shall have assured to him in entirety the portion to which he is entitled under the last foregoing clause (subject to any sum or sums du-ected to be paid in respect of such portion for equality of partition), and the party entitled to the first choice shall hold (a) an}' muniments of title affecting other premises than those comprised in the portion assured to him, and execute a covenant for their production to each OA^-ner of such other premises. The principal or only assurance shall be executed in three parts. 6. The cost of this agreement and all expenses under it shall be defrayed by the parties equally. 7. The opinion of tAvo of the commissioners, or (if no tAvo shall («) Vur :i ilificiom aiTangcuiciit as lo the title deeds, sec the next Precedent. PARTITIONS AND AGREEMENTS FOR PARTITIONS. 89 agree) of an umpire chosen by all three, shall be decisive ou all (jiiestions arising under this agreement. 8. Each party may appoint a person in the place and with the powers of every original or future commissioner of the same party, who shall die or become incapable to act. In witness, &c. No. 46. Memorandum (a) of the Deposit o/ Deeds ivifh a Stuaxgeii on behalf of the Parties entitled under a Partition. Memorandum. — That pursuant to an agreement on the jjartition (effected by indenture, dated, &c.) of hereditaments at in shire between the undersigned (A. B.) and (C. D.), the muniments of title specified in the schedule hereto were this day of deposited with the undersigned (X. Y.) for the mutual convenience and inspection of the said A. B. and C. D. their respective heirs, executors, administrators and assigns, Avithout whose joint written direction the same shall not be removed from the custody of the said X. Y, (Signed) A. B. C. D. X. Y. («) This should bo executed in duplicate ; no stamp will bo roiiuirod. 90 SECURITIES. SixT. 5. SECURITIES (TRANSFERS AND RECONVEYANCES.) (Precedents 47 to 84). I. MORTQAGES TO ONE BENEFICIAL OWNER (a). No. 47. Mortgage in Fee. THIS INDENTURE, &c., between (mortgagor) of the one part, and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said , the said M. (9). 3. For the consideration aforesaid the said M. grants unto the said and his heirs the hereditaments described in the schedule hereto, with their legal or usual appurtenances (10), (16), (23), (24). In witness, &c. No. 48. Mortgage o/ Leaseholds (6) by Demise. THIS INDENTURE, &c., between {mortgagor) of the one part and . of the other part, Avitnesseth as follows : — 1. In consideration of £ paid to the said M. by the said •, the said M- (9). (a) For mortgages to more than one beneficial owner, see Precedents Nos. 76, 77 and 78. For mortgages to and by fiduciary owners, see Part 3. The special forms (15) and (26) (see Index to Common Forms) will be inserted where there are instructions to that effect. (6) !>ec note (a) on Precedent No. l."^. SECUEITIES. 1 2. For the consideration aforesaid the said ]M. demises unto the said , his executors and administrators the premises described in the schedule hereto, with their legal or usual appurtenances, during the subsisting residue of the term of years created by a lease (dated, &c.) from A. B. to the said M. (a), wanting the last day of such term (11), 17), (23), (24), (25), (27). In witness, &c. No. 49. Mortgage o/ Leaseholds by Assignment. THIS INDENTURE, &c., between {mortgagor) of the one part, and — of the other part, witnesseth as follows : — 1. In consideration of £ , paid to the said ]\I. by the said , the said M. (9). 2. For the consideration aforesaid the said M. assigns unto the said , his executors and administrators the premises desenbed in the schedule hereto, with their legal or usual appurtenances, during the subsisting residue of the term of years created by a lease (dated, &c.) from A. B. to the said M. (12), (18), (23), (24), (25), (27). In witness, &c. No. 50. Mortgage o/ Freeholds and Leaseholds hij Demise. THIS INDENTURE, &c., between {mortgagor) of the one part, and . of the other part, witnesseth as follows : — 1. In consideration of £ , paid to the said ^I. by the said , the said M. (9). 2. For the consideration aforesaid the said ]M. grants unto the said and his heirs the hereditaments described in the first schedule hca-cto, with tlieir legal or usual appurtenances. {(t) Sec note (n) on Prctctlcnf No. l.S. 92 SECURITIES. 3. For the consideration aforesaid the said M. demises unto the said , his executors and administrators the premises described in tlie second sclicdulc licrcto, with their legal or usual appurtenances, during the subsisting residue of tlic terra of years created by a lease (dated, &c.) from A. B. to the said M., wanting the last day of such term (13), (19), (23), (24), (25), (27). In witness, &c. No. 51. Mortgage o/ Freeholds and Leaseholds by Assignment. THIS INDENTURE, &c., between [mortgagor) of the one part, and — of the other part, witnesseth as follows : — 1 . In consideration of £ paid to the said M. by the said , the said M. (9). 2. For the consideration aforesaid the said M. grants unto the said and his heirs the hereditaments described in the first schedule hereto, with their legal or usual appurtenances. 3. For the consideration aforesaid the said M. assigns unto the said , his executors and administrators the premises described in the second schedule hereto, with their legal or usual appurtenances, diiring the subsisting residue of the term of years created by a lease (dated, &c.) from A. B. to the said M. (14), (20), (23), (24), (25), (27). In witness, &c. No. 52. Mortgage q/" Unfinished Houses. THIS INDENTURE, &c., between (mor^^a^or) of the one part and of the other part, witnesseth as follows : — 1 , In consideration of £ paid to the said M. by the said , the said M. (9). 2. For the consideration aforesaid the said M. assigns tmto the said , his executors and administrators the premises described in the schedule hereto, -with the three unfinished houses and outbuildiuscs SECURITIES. 93 now standing thereon and the legal or usual appurtenances, during the subsisting residue of the term of years created by a lease (dated, &c.) from A. B. to the said M. (12), (18), (23), (24), (25), {26), (27). In witness, &c. No. 53. Mortgage of a Life Policy. THIS INDENTURE, &c., between (mortgagor) of the one part and — of the other part, wituesseth as follows : — 1. In consideration of £ paid to the said 'SI. by the said , the said M. (9). 2. For the consideration aforesaid the said i\I. assigns unto the said , his executors and administrators, a policy for £ on the life of the said M. effected in his name on the day of with the Society and numbered , with all monies idtimately payable tliereon, and with power for the said , his executors, administrators and assigns and his and their substitutes and substitute, in the name or names of the said ]\I., his executors and administrators, to recover receive and give receipts for the same premises (14), (21), (22), (23), (24) [a), (25), (27) (6). In witness, &c. (c). No. 54. Mortgage of a Boxd Debt. THIS INDENTURE, &c., between {mortgagor) of the one part, and of tlic other part, wituesseth as follows : — 1. In consideration of £ paid to the said M. by the said , the said M. (9). (a) AddinfT after " sale or assurance tliorcof" the words (" wliicli shall include u surrender to the said society"). (i) The proviso at the end of (-27) must be inserted. Sec note on that forni. (r) Notice should be given to the insurance oflice. 94. SECUIUTIHS. 2. For the consideration aforesaid the said M. assigns unto the said ^ Ills executors and administrators, the sum of £ secured with interest at £ per cent, by the bond (dated, kc.) of X. Y., ^^itll the [arrears, future] interest and securities, and ^vith power for the said , his executors, administrators and assigns and his and their substitute and substitutes in the name or names of tlic said M., his executors and administrators, to sue for receive and give receipts for the same premises (14), (21), (23), (24). In witness (a), &c. No. 55. Sub-mortgage (or mortgage of a mortgage) of Freeholds and Leaseholds. THIS INDENTURE, &c., between {mortgagor) of the one part, and of the other part, witnesseth as follows : 1. In consideration of £1000 paid to the said M, by the said , the said M. for himself, his heirs, executors and administrators, cove- nants with the said , his executors and administrators, that the said M., his heirs, executors, or administrators, will pay to the said his executors, administrators, or assigns, £1000, with interest after the rate of £ per cent, per annum, on the day of next. 2. For the consideration aforesaid, the said M. assigns unto the said , his executors and administrators, the sum of £1500, secured by a mortgage (dated, &c.) and expressed to be made between X. Y. and the said M., with the interest and secm'ities, and with power for the said , his executors, administrators and assigns and his and their substitute or substitutes in the name or names of the said M., his executors or administrators, to sue for, receive and give receipts for the same premises. Provided that the said , his executors, admi- nistrators, or assigns, shall not be bound to enforce any of the reme- dies under the said mortgage for recovering the principal and interest thereby secured. (c/) Notice should be given to X. Y. SECURITIES. 95 3. For the consideration aforesaid, the said ]M. grants unto the said and his heirs snch of the hereditaments described in the first schedule hereto as are comprised in the said mortgage, with their legal or usual appurtenances, subject to the subsisting equity of redemption under the same mortgage. 4. For the consideration aforesaid, the said M. demises unto the said , his executors and administrators, such of the premises described in the second schedule hereto as are comprised in the said mortgage, with their legal or usual appurtenances, during the subsist- ing residue (wanting the last day) of the term of years created by a lease (dated, &c.) from M. N. to the said X. Y., and now by the said mortgage vested in the said M., subject to the subsisting equity of redemption under the same mortgage. 5. Provided that if the foregoing covenant shall Ijc satisfied on the day of , the said M., his heirs, executors, administrators and assigns, shall be entitled, at his and their respective cost, to a reassignment of the premises hereby assigned and also to a reconvev- ance of the premises hereby granted and a surrender of the premises hereby demised, 6. The said M., for himself, his heirs, executors and administrators, covenants with the said , his heirs, executors, administrators and assigns, that the said lease is subsisting unprejudiced, and the said M. entitled to execute this assurance of the respective premises free from incumbrances ; that he and those claiming under him Mill do and suffer nothing whereby the said lease may be prejudicially affected, and that he and all necessary persons shall, at the cost of the said M. and his estate (excepting as regards foreclosed and sold premises), do all acts required for perfecting such assurance and effecting the rccovciv of the said assigned premises, the last day of the said vears term, in foreclosed and sold premises, being held in trxist for the person or persons entitled to the subsisting residue of the term hereby created. 7. The said M., for himself, his heirs, executors and adiniiiistrntors, covenants with the said , his executors and administrators, that the said ]\[., his heirs, executors, or administrators, will, on demand, reimburse the said , his executors, administrators, or assigns, all expenses under the subsequent powers (other than the power of sale), with interest after the rate aforesaid, and will j)ay to liini or them 9G SECURITIES. interest after the rate aforesaid on all principal monies hereby secured, by equal half yearly payments^ on tlie day of and the day of . 8. The holders or holder of this security (whether varied or not on transfer) may (1) sell the said mortgage debt and interest and the said scheduled premises (subject to the subsisting equities of redemp- tion under the said mortgage), and upon every sale or attempted sale and assurance thereof may deal with the premises and the purchase monies thereof as absolute owners or owner, excepting as mentioned in the next proviso (but so that, as regards the purchaser's protection, such ownership shall be deemed absolute without exception) : Provided that the purchase money shall be paid (after discharging all expenses and all monies continuing hereby secured) to the said M., his execu- tors, administrators, or assigns; and that (unless some interest shall be forty days in arrear) no sale shall be made without six calendar months written notice to the said M., his executors, administrators, or assigns. (2). They or he may also exercise the power of sale by the said mortgage given to the said M., his executors, administrators and assigns, with the incidental powers, subject to the provisions as to notice and the payment of purchase money therein contained, and so that the discharge of the monies continuing thereby secured shall import the discharge, in the first instance, of the monies continuing secured on these presents, and (subject thereto) the payment to the said M. his executors, administrators and assigns of any excess (above the aggregate of such last mentioned monies and of the expenses of sale) of any monies continuing secured on the said mortgage : Pro- vided that the receipts of the persons or person exercising this power shall discharge all persons paying purchase money from liability in regard to the application thereof. (3). They or he may also (unless the current year's receipt for a fire insm'anee for £ on the 2ndly schedided premises shall be produced to them on demand) eflect such insurance. 9. All expenses mider the preceding powers (other than the power of sale), ^vith interest after the rate aforesaid, shall constitute a charge on the hereby mortgaged premises, the monies ai-ising from fire insurance being applicable either as the purchase monies aforesaid or (if the holders or holder of the security shall so elect) in rebuilding the premises insured. In witness, &c. SECURITIES. 97 No. 56. Mortgage 0/ Chattels in a Dwelling House. THIS INDENTURE, &c. between (mortgagor) of the one part, and of the other part, witnesseth as follows : 1. In consideration of £ paid to the said M. by the said , the said M. (9) (a). 2. For the consideration aforesaid the said M. assigns unto the said , his executors and administrators, the effects now in or about house, near , in shire, or the outbuildings and stables thereof [and which are specified in the schedule hereto] (b). (12), (21), (23), (24), (25), (27). In witness (c), &c. No. 57. Mortgage o/Life Interest in Freeholds, ivith a Life Policy effected in the Mortgagees^ names, as a Collateral Security. THIS INDENTURE between {mortgagor) of the one part, and of the other part, witnesseth as follows : 1 . In consideration of £ paid to the said M. by the said , the saidM. (9). 2. For the consideration aforesaid, the said ]M. grants unto the said -, his executors and administrators, the hereditaments described in the schedule hereto with their legal or usual appurtenances, during the life estate limited to the said M. (without impeachment of waste), by the will (dated, &c.) of X. Y. (10) ((/), (IG). (a) See the proviso at the end of (21). (Z») Tliis description by a schedulo,_altliough desirable, is not indispensable, and may often be dillioult to furnish. (c) The mortgage must be registered under the Bills of Sale Registration Act. (rf) Adding after " reconveyance of the premises" the words " during the estate hereby granted." H 98 SECURITIES. 4. It is declared that the said , his executors, administrators and assigns, sliall liold the monies ultimately payable on a policy for £ on the life of the said M., effected on the day of with the Society in the name of the said and numbered , and also the monies arising from every policy effected under the sul)sequent power, Upon the trusts herein declared of the monies arising under the subsequent power of sale, with power nevertheless to apply any bonuses in discharge of the monies hereby secured (22), (23). 7. The holders or holder of this security (wtetber varied or not on transfer) may sell the said scheduled premises during the estate hereby granted, and also the said policy, and upon every sale or attempted sale and assurance thereof (which shall include a surrender of tbe policy to the Society aforesaid), {the rest as in (24), (25) ). 9. All expenses under the preceding powers, with interest after the rate aforesaid, shall constitute a charge on the premises. In witness, &c. No. 58. Mortgage of a Life Estate in Personalty, with a Life Policy assigned as a Collateral Security. THIS INDENTURE, &c., between {mortgac/or) of the one part, and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said > the said M. (9). 2. For the consideration aforesaid the said M. assigns unto the said , his executors and administrators, Istly, the premises described in the schedule hereto ; and 2ndly, a policy for £ on the life of the said M., effected in his name on the day of with the Society, and numbered , with all monies ultimately payable thereon, (and with power for the said , his executors, administrators and assigns, and his and their substitute or substitutes, in the name or names of the said M., his executor or administrator, to recover, receive and give receipts for the same premises); As to the Istly assigned premises, during the life estate therein of the said JNI. imder SECURITIES. 99 his marriage settlement (dated, &c.) with his present wife X. Y. (formerly , spinster) ; and as to the 2ndly assigned premises aosolutely (12), (21), (22), (23), (24) {a), (25), (27) (6). In witness, &c. (c). The Schedule, &c. £ 3 per cent. Consolidated Bank Annuities, and 6 Great Northern Preference Shares, in names of C. D. and E. F. No. 59. Mortgage of a Lij*e Estate i7i Freeholds, the Owner of a Prior Rent Charge joining as a Collateral Security, and a Life Policy being effected in the Mortgagees' Name. THIS INDENTURE ,&c., between {mortgagor) of the 1st part, (A. 33.) of , widow, of the 2nd part, and of the 3rd part, witnesseth as follows : — 1. In consideration of j6 paid to the said IM. by the said , the said M. (9). 2. The said A. B., at the request of the said ]\I., assigns unto the said , his executors and administrators for his and their absolute use, the rent-charge of £ , by the will (dated, &c.) of X. Y. limited to the said A. B. dming her life (in priority to the life estate thereby limited to the said M. without impeachment of waste in the after mentioned premises) with the incidental powers, and so that the trusts of the term of ycai's by the same will limited (among other purposes) for further securing the said rent-charge, shall dui'ing the continuance of this security enure for the benefit of the said , his executors, administrators and assigns. 3. For the consideration aforesaid the said j\I. tlcmiscs unto the said , his executors, administrators and assigns, the hereditaments (a) See the variations in tlie preceding Precedent. (i) The proviso at the end of (27) need not be inserted. See note there, (c) Notice must be given to the insurance office, also to C. D. and I-'.. F. H 2 100 SECUKITIKS. described in the scliedulc hereto, with their legal or usual appurte nanees, for tlie term of uinety-nine years without impeachment of waste, if the said M. shall so long live. 4. Provided that if the foregoing covenant shall be satisfied on the day of , the said A. B. and her heirs shall be entitled to a reconveyance of the said rent-charge, and the said M. and his assigns shall be entitled to a surrender of the said term ; such reconveyance and surrender to be at the cost of the said M., his executors^ administrators and assigns. 5. The said A. B, in respect of the said rent-charge, for herself, her heirs, executors and administrators, covenants, and the said M. in respect of the said rent-charge, and also of his said life estate, for himself, his heirs, executors and administrators, covenants with the said , his executors, administrators and assigns, that the said A. B. and M. are entitled to execute this assurance of their respective interests in the premises free from incumbrances, (ihe rest as in (16). ) {Declaration as to the Policy as in Precedent No. 57), (2.2), 23). 8. The holders or holder of this security (whether varied or not on transfer) may sell the said rent-charge and pohey, and also (during the term hereby granted) the said scheduled premises, and upon eveiy sale or attempted sale thereof (which shall include a surrender of the said policy to the said Society) may deal with the premises and the purchase money thereof as absolute owners or owner, excepting as mentioned in 'the next proviso, but so that as regards the purchaser's protection such ownership shall be deemed absolute ownership without exception. Provided (1). That the pui'chase money of the said life estate and policy shall be paid (after discharging expenses and all monies hereby secured or made chargeable on the premises) to the said jNI., his executors or administrators, and that no sale thereof shall be made without six calendar months written notice to the said Isl. (2). That the purchase money of the said rent-charge shall be paid (after dis- charging all such monies as aforesaid) to the said A. B., her executors or administrators, and that no sale thereof shall be made without six calendar mouths wTitten notice to the said A. B. (25). 10. All expenses under the preceding powers other than the power of sale (with interest after the rate aforesaid), shall constitute a charge on the premises. SECURITIES. 101 11. It is declared that as betv.een the said A. B. and ]M. <'and without j^rcjudice to the right of the said , his executors, adminis- trators or assigns to resort to either fund) the term hereby created and the said policy shall constitute the primary fund for payment of the monies hereby secured. In wdtness, &c. No. GO. Mortgage of a Reversion in Freeholds (a). THIS INDENTURE, &c., between {mortgagor) of the one part, and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said the said M. (9). 2. For the consideration aforesaid the said M. grants unto the said and his heirs (subject to the interests subsisting inidcr the Avill dated &c. of X. Y. in priority to the estate thereby limited to the use of the said ]\I. and his lieirs) the hereditaments described in the schedule hereto with their legal or usual appurtenances (10) (6), (15), (23). 5. The holders or holder of this security (whether varied or not on transfer) may sell the premises as well before as after determination of the interests subject to which tlie same are hereby granted, and upon every {the rest as in 24). In witness, &c. No. Gl. Mortgage of Freeholds by Trustees under a Settlement of Converted Realty. THIS INDENTURE, &c., between (A. B.) and (C. D.) of the one part, and of the other part, witnesseth as foHows : — 1. For raising the money required for certain piu-poscs of the after (a) This ami several of the succeeding Precedents, adapted to freeholds only, will be easily made applicable to any other security by combining the previous Precedents. (J)) Adding after " premises" the words "subject as aforesaid." 102 SECURITIES. lucntioncd settlement and in consideration of £ • paid to the said A. B. and C. D. by the said the said A. B. and C. D., in exercise of their power of mortgaging under the marriage settlement (dated &c.) of M. and N. (formerly spinster) both deceased (a), grant imto the said and his heirs the hereditaments described in the schedule hereto Avith their legal or usual appurtenances (10), (2) or (3), (24) (6). In witness, &c. No. 62. Mortgage o/ Freeholds by Donees of a Power, with Covenants bi/ the Tenant /or Life. THIS INDENTURE, &c., between (A. B.) and (C. D.) of the 1st part, (X. Y.) of the 2nd part, and of the 3rd part, witnesseth as follows : — 1. For raising the money required for certain pui'poses of the after mentioned settlement and in consideration of £ paid to the said A. B. and C. D. by the said , the said A. B. and C. D. in exercise of their power of mortgaging under the marriage settlement (dated &c.) of the said X. Y. with his present wife N. (formerly spinster) do (with the consent hereby testified of the said X. Y. as tenant for life of the settled premises) revoke the uses, trusts, clauses and pro\dsoes by the said settlement expressed concerning the here- ditaments described in the schedule hereto with theii* legal or usual appiu-tenances, and appoint that the same premises shall remain to the use of the said and his heirs, subject to the proviso hereinafter contained. (a) A mortgage of this kind would only be effected where the settlement includes converted realty with special powers. If any tenant for life of the sale monies had been living, his or her consent would probably have been necessary, and the mortgagee would probably also have required covenants by the tenant for life, which the trustees of course will not give. (i) The payment of the surplus sale monies and notice of sale should be " to the said A. B. and C. D. or the survivor of them, his executors or administrators, or their or his assigns." SECURITIES. 103 2. For the consideration aforesaid the said X. Y. (9) {a), (10) {a), (16) (6), (23) (a), (24) (c). In witness, &c. No, 63. Mortgage by Trustees of a Term under a Real Settlement for raising arrears of a Jointure and Expenses (d). THIS INDENTURE, &c., between (A. B.) and (C. D.) of the one part, and of the other part, witnesseth as follows : — 1. For raising certain arrears and expenses raiseable under the after mentioned term, and in consideration of £ paid to the said A. B. and C. D. by the said , the said A. B. and C. D., in execu- tion of the trusts of the marriage settlement (dated, &c.) of X. Y. Avith M. N. (formerly , spinster), demise unto the said , his executors and administrators, the premises described in the schedule hereto with their legal or usual appurtenances, during the subsisting residue (wanting the last day) of the term of 1000 years by the said settlement bmited to the said A. B. and C. D., their executors and administrators upon the trusts therein expressed (2), (24). Provided : (1) That if the said A. B. or either of them, their or either of their executors, administrators or assigns, or any person or persons beneficially entitled imder tlie said settlement, shall pay to the said , his executors, administrators or assigns, £ with interest after the rate of £ per cent, per annum on the day of , the said , his executors, administrators or assigns, will sun-cndcr the said premises to the said A. B. and CD., their executors, adminis- (a) Adding after " the said X. Y. his heirs or assigns," the words " or the pei'son or persons for the time being beneficially entitled under the said settlement." (b) This covenant for title will be varied as in Precedent Xo. 30. (c) See note (b) on the last Precedent. (fZ) Mortgages for raising portions are, by these forms, executed immediately to the parties entitled to the portions. (See Part III., Sect. G). The form in this Precedent would be applicable to a mortgage under any other term made fur a money consideration, e. g. to a mortgiige for advancing portionable younger children. 104 SECURITIES. trators or assigns : (2). That as regards foreclosed or sold premises, the last day of the said 1000 years terra shall be held in trust for the person or persons entitled to the subsisting residue of the term hereby created. In witness, &e. No. 64. Mortgage of Freeholds loith Attornment hy Mortgagor. THIS INDENTURE, &c., between {mortgagor) of the one part, and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said , the said M. (9.) 2. For the consideration aforesaid the said JNI. grants unto the said and his heirs the hereditaments described in the two schedules hereto, with their legal or usual appurtenances (10), (16), ((23), (24). 7. For the consideration aforesaid the said M. attorns as yearly tenant to the said ^ his heirs and assigns, in respect of the Istly scheduled hereditaments (now occupied by the said M.), at the yearly rent of £ , payable by half-yearly payments, commencing on the day of : Provided that if the foregoing covenant shall not be satisfied on the ■ day of , the said , his heirs and assigns, may re-enter upon and determine this tenancy of the premises. In witness, &c. No. 65. Mortgage of Freeholds— /Ae Principal i)ayahle hy Instal- ments, and the Interest at the same time as the Instal- ments {a). THIS INDENTURE, made the first day of January, 1851, between Qi) Where the money is to remain a certain time on the security, no change is necessary beyond the insertion of (15). SECURITIES. 105 {mortgagor) of the one part, and of the other part, witne?seth as follows : — 1. In consideration of £1500 paid to the said M. by the said , the said M. (9) ; and will also pay to him or them interest after the rate aforesaid on all principal monies continuing secm'ed hereon, by equal half-yearly payments, on the first day of January and the first day of July. 2. For the consideration aforesaid, the said ]M. grants imto the said and his heirs the hereditaments described in the schedule hereto, with their legal or usual appurtenances : Provided that if the foregoing covenant shall be satisfied as to the payment of .€1500 and interest on the first day of July next {the rest as in (10), (16), (23) (a), (24)). 7. Provided that if the said M., his heirs, executors, administrators or assigns, shall pay to the said , his executors, administrators or assigns, £1500 and interest as follows (that is to say) : £500 with interest after the rate aforesaid on £1500 on the first day of January, 1853, £400 with the like interest on £1000 on the first day of January, 1854, and £200 with the like interest on the unpaid principal on every succeeding first day of January, and shall discharge all Habilitics of the said M., his heirs, executors, administrators or assigns, under these presents (excepting the liability under the Istly hereinbefore contained covenant), the said , his executors, administrators or assigns, will not sell or foreclose the premises, or adopt any legal or equitable proceeding for recovering the monies continuing secured hereon. In witness, &c. No. G6. Mortgage of Frkeiiolus — the Principal payable bij Instal- ments, and the Interest on the unpaid Principal half-yearly, without reference to the time fixed for the Instalments. THIS INDENTURE, made the first day of January, 1851, between (a) Omitting the clause as to interest inserted above. 106 SECURITIES. {mortgagor) of the one part, and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said , the said M. (9). 2. For the consideration aforesaid the said M. grants unto the said and his heirs the hereditaments described in the schedule hereto, with their legal or usual appurtenances (10), (16), (33) (a), (24). 7. Provided that if the said M., his heirs, executors, administrators or assigns shall pay to the said , his executors, administrators or assigns, £1500 as follows : (that is to say) J500 on the first day of January, 1853 ; £400 on the first day of January, 1854, and £200 on every succeeding first day of January, and shall discharge all liabilities of the said M., his heirs, executors or administrators, under the preceding covenants of the said M. (excepting the firstly hereinbefore contained covenant) at the times and in manner therein respectively specified, the said , his executors, administrators or assigns, will not sell or foreclose the premises, or adopt any legal or equitable proceeding for recovering the monies continuing secured hereon. In witness, &c. No. 67. Mortgage of Freeholds to secure Present and Future Advances. THIS INDENTURE, &c., between [mortgagor) of the one part and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said , and for securing the repayment thereof, and of such further advances as hereinafter mentioned, the said M. for himself, his heirs, executors and administrators, covenants with the said , his executors and administrators, that the said INI., his heirs, executors or administrators, will pay to the said , his executors, administrators or assigns, on the day of next, £ , with interest after the rate of £b per (a) The interest should be made payable on the 1st of January and 1st of July. SECURITIES. 107 cent, per annum and will also pay to him or them, on demand, all monies which he or they may hereafter advance to the said jNI., his executors or administrators, with interest after the rate aforesaid. 2. For the consideration and purpose aforesaid the said M. grants unto the said and his heirs, the hereditaments described in the schedule hereto, with their legal or usual appm'tenances : Provided that on satisfaction of the foregoing covenants, as to the said sum of £1500 and interest on the said day of ; and as to all other monies and interest therein mentioned, on demand {the rest as in (10), (16), (23) (a), (24)). In witness, &c. No. 68. Builder's Mortgage of Leaseholds to secure a Debt mid further Advances (6). THIS INDENTURE, &c., between {mortgagor) of the one part and of the other part, witnesscth as follows : — 1. In consideration of £ due from the saidM. to the said , and for securing {the rest as in the preceding Precedent, clause 1). 2. For the consideration and purpose aforesaid, the said M. assigns uuto the said , his executors and administrators the premises described in the schedule hereto, with the two houses and outbuildinffs now in course of erection thereon by the said jNI., and the legal or usual appurtenances, during the subsisting residue of the term of years created by a lease (dated, &c.) from X. Y. to the said M. (12) (c) (18), (23) (c), (24), (25 j, (26), (27). In witness, &c. (a) Substituting for " all principal monies hereby secured," the words " [interest after the rate aforesaid On] the said sum of £ , or the unpaid part thereof." (i) This form is frequently combined with the forms in Precedents- Nos. 65 and 66. (c) Varied as in the last Precedent. 108 .SECURITIES. No. G9. Mortgage 0/ Freeholds to secure the Hetra'sster 0/ Stock. TUTS INDENTURE, &c., between {mortgafjor) ofthe one part, and of the other part, Avitnesseth as follows : 1. In consideration of \_{a) £ £3 per cent. Consolidated Bank Annuities transferred by the said into the name of the said M.], the said M. for himself, his heirs, executors, and administrators, covenants Avith the said his executors and administrators, that the said ]\I., his heirs, executors, or administrators will, on or before the day of , transfer £ £3 per cent. Consolidated Bank Annuities into the name or names of the said M., his executors, administrators or assigns, and will pay to him or them in the meantime sums of such amouijt and at such times as the dividends which would have been payable on the said sum of £ Bank Annuities if untransferred [unsold] . 2. For the consideration aforesaid, the said jVI. gi'ants imto the said and his heirs the hereditaments described in the schedule hereto, with their legal or usual appurtenances (10), (16). 4. The said M. for himself, his heirs, executors and administrators, covenants with the said , his executors and administrators, that the said M., his heirs, executors, or administrators, will, on demand, reimburse the said , his executors, administrators or assigns, aU expenses under the subsequent powers, with interest after the rate of £' per cent, per annum (24). In witness, &c. No. 70. Mortgage 0/ Freeholds, with Surety joining hi the Covenants far payment 0/ Principal and Interest. THIS INDENTURE, &c., between {mortgagor) of the 1st part. («) If the fact, substitute for the words in brackets, " the sale by ^he said , at the request of the said M, of £ £3 per cent. Consolidated Bank Annuities, and the payment to the said M. of the clear proceeds, amounting to £ ." SECURITIES. 109 (A. B.) of the 2nd part, and of the 3rd part, witnesseth as follows : 1. In consideration of paid to the said ]M. by the said , they the said M. and (at his request and as surety for him) the said A. B. do for themselves, their heirs, executors and administrators and each of them doth for himself, his heirs, executors and administra- tors, covenant with the said , his executors and administrators, that the said INI. and A. B. or one of them, their or one of their heirs, executors, or administrators, will pay to the said , his executors, administrators or assigns, £ , with interest after the rate of per cent, per annum, on the day of . 2. For the consideration aforesaid the said M. grants unto the said and his heirs the hereditaments described in the schedule hereto, with their legal or usual appurtenances (10), (IG) (a), (23) (6), (24). 7. Provided that the said A. B., his heirs, executors and administra- tors, are and shall continue (as between him and them and the said , liis executors and administrators), liable as principals under the foregoing covenants of the said A. B., notwithstanding his execut- ing the same as such surety as aforesaid, and notwithstanding any transaction between the said , his executors, administrators or assigns, and the said M., his heirs, executors, administrators or assigns, operating as a discharge (whether partial or entii'e) of such suretyship. In witness, &c. No. 71. Second Mortgage {or Mortgage of an Equity of Redemption) r*/ Freeholds. THIS INDENTURE, &c., between {viortgac/or) of the one part, and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said the said M- (9). (a) By mortgagor only. (i) Joint and several by mortgagor and A. B., aa in clause 1 . 110 SECURITIES. 2. For the consideration aforesaid the said M. grants (a) unto the said and liis heirs the hereditaments described in tlie schedule hereto, with their legal or usual appurtenances, subject to a mortgage security in fee for £ and interest effected by indenture dated &c., and expressed to be made between &c. (10) (b), (16) (c), (23). 5. The holders or holder of this security (whether varied or not on transfer) may sell the premises either subject to the said mortgage of the day of or otherwise, and upon every sale &c. {as in 24). Provided that the purchase monies shall, after discharging expences, be applied (subject in the event of a sale not subject to the last mentioned security to the discharge of all monies due thereon) in discharging all monies hereby secured or made chargeable on the premises, and the residue paid to the said M. {the rest as in 24). In witness, &c. No. 72. Equitable Mortgage {d). MEMORANDUM. That the muniments of title specified in the schedule hereto have this day of been deposited by {mortgagor) with (A. B.) of kc, as a security for £ advanced to the said M. by the said A. B. with interest at £ , per cent. The Schedule, &c. (a) A mere charge of the sum advanced (a3 in Precedent No. 73) would be as effectual, as the whole interest is equitable ; but it is not to be recommended from the inconvenience of referring to an instrument in another person's possession. (ft) Adding after "reconveyance" the words ("subject as aforesaid"). (c) Adding after "free from incumbrances" the words ("except as aforesaid"). (rf) The ordinary form of equitable mortgage, consisting of an agreement for a mortgage, a charge of the sum upon the property, covenants for payment of prin- cipal and interest, and usually a power of sale, is not more concise than the above forms of legal mortgages, and requires the same stamp. The memorandum in the text requires no stamp, and constitutes a perfect equitable security, as well as an implied agreement in equity for a legal mortgage. SECURITIES. Ill No. 73. Further Charge on Freeholds (by Indorsement). THIS INDENTURE, &c., between tlie witliin named (mortgagor) of the one part, and the within named (A. B.) of the other pait, witnesseth as follows : — 1. In consideration of £500 paid to the said M. by the said the said M. (9), (23). 2. For the consideration aforesaid the said M. grants unto the said , his heu'S, executors, administrators and assigns, that the pre- mises by the within written indenture expressed to be granted shall (in addition to £ now due with the current interest on the security of the same indenture) be charged with the sum of £ and interest secured by the foregoing covenant and not be redeemable until satisfaction of such covenant : And further that the power of sale and the incidental powers and clauses in the ^vithin written indenture contained shall be applicable as a security for the said sum of .€500 and interest as if the same had been monies by the within written indentui'e made chargeable on the premises. In witness, &c. No. 74. Further Charge on Freeholds, with Leaseholds added as a further Security for the fresh Advance as well as for the existing Debt. THIS INDENTURE, &c., between (mortgagor) of the one part and of the other part, witnesseth as follows ; — 1. In consideration of X500 paid to the said M. by the said , the said M. (9), (23). 2. For the consideration aforesaid the said M. grants unto the said , his executors, administrators and assigns, that the licrcditamcuts specified in the first schedule hereto, with their legal or usual appur- tenances, shall, in addition to X'lOOO now due (with the current 112 SECURITIES. interest) on the security of a mortgage in fee (dated^ &c.) from the said M. to the said , be charged with the sum of j6500 and interest secured by the foregoing covenant^ and not be redeemable until satisfaction of such covenant ; and further, that the power of sale and the incidental powers and clauses in the said mortgage contained, shall be applicable as a security for the said sum of £500 and interest as if the same had been monies made chargeable on the premises by the said mortgage. 3. For the consideration aforesaid, and for further securing both the mortgage debts aforesaid and interest, the said M. assigns unto the said , his executors and administrators, the premises described in the second schedule hereto, with their legal or usual appurtenances, during the subsisting residue of the term of years, created by a lease (dated, &c.) from X. Y. to the said M. Proiided that if the said M., his executors, administrators or assigns shall pay to the said , his executors, administrators or assigns, .€1500, with interest after the rate aforesaid, on the day of next, the said ]M., his executors, administrators or assigns, shall be entitled at his and their cost to a reassignment of the secondly scheduled premises dm'ing the subsisting term therein (18), (24) (a), (25), (27). In witness, &c. No. 75. Appointment of a Receiver. THIS INDENTURE, &c., between {mortgagor) of the 1st part, of the 2nd part, and A. B. of the 3rd pai't, witnesseth as follows : — 1. The said M. (with the concm'rence of the said ) appoints the said A. B. (and such person as the holders or holder of the after mentioned seciu'ity shall on every vacancy by writing nominate) in the name of the said M. to recover, receive and give receipts for the rents and profits of the hereditaments described in the schedule hereto, on which £ with interest at £ per cent, is secured (a) The direction as to the application of the purchase monies should be, " after discharging all monies hereby or bj' the said mortgage, &c., secured." SECURITIES. 1 1 3 by a mortgage in fee (bearing even date herewith) from the said M. to the said . 2. The rents and profits received under these presents shall be applied (after discharging first the usual outgoings on the premises and then the receiver's commission at £5 per cent.) in satisfying all interest payable under the said security, and subject to such application shall be paid to the said M., his executors, administrators and assigns. 3. Provided (1). That such receiver shall not act until some interest payable under the security shall be forty days in arrear. (2). That (as between all parties hereto) the receivership shall be vacated as well by death as by three calendar months written notice (for which no reason need be assigned) from the holders or*holdcr of the said security to the receiver. (3). That no holder of the said security and no person holding such receipt as aforesaid shall be liable for the receiver's application of the rents and profits. In witness, &c. II. MOETGAGES TO MOEE THAN ONE BENEFICIAL OWNEE. No. 76. Mortgage of Freeholds to Three Owners (o). THIS INDENTURE, &c., between {mortgagor) of the one part, and (A. B.), (C. D.) and (E. F.) of the other part, witnessctlx as follows : — 1. In consideration of £1500 paid to the said M. by the said A. B., C. D. and E. F. out of monies belonging to them on a legal and equitable joint account the said M. (28). 2. For the consideration aforesaid the said M. grants unto the said A. B., C. D. and E. F. and their heirs, the hereditaments described in (a) This is the same form as a mortgage to trustees. (See Tiirt III.) The memorandum of ownership (see the next Precedent) will of course be dilTcrent. All the preceding forms may of course be combined with this. 11" desired, the mortgage and title deeds may be deposited with a stranger, and a meuioramlum taken similar to that in Precedent No. 46. 114 RKCURITTES. the sclicdulo hereto, with their legal or usual appurtenances (10), (29), (16), (30), (24). In witness, &c. No. 11. Memorandum (a) as to the Ownership of the Mortgage Money secured hy the Preceding Deed. MEMORANDUM. That of £1500 secured (with interest at £5 per cent.) by a mortgage in fee of even date herewith from X. Y. to the undersigned A. B., C. D. and E. E. on hereditaments at , in shire, .€800 belongs to the said A. B., £600 to the said C. D., and £100 to the said E. F. Dated. Signed A. B. of . C. D. of . E. E. of . No. 78. Mortgage o/ Freeholds to secure an Account Current to a Private Bank^ with variations for a Banking Company. THIS INDENTURE, &c., between {mortgagor) of the one part, and (A. B.), (CD.) and (E. E.) (i) [Bankers and Copartners under the firm of ] of the other part, witnesseth as follows : — 1. In consideration of a banking account opened by the said M. with the said firm (c) the said M. for liimself, his heirs, executors and administrators, covenants with the said A. B., C. D. and E. F., their executors and administrators, that the said M. his heirs, executors or administrators, will on demand pay to the cashier of the said firm (c) («) As many copies as there are parties to the mortgage should be made, and signed by all parties. (h) " Three of the Directors of the Banking Company." (c) Company. SECURITIES. 115 the balance for the time being clue from him on his said account for accommodation A^dth interest and other charges, and also all expenses under the subsequent powers with interest thereon after the rate of £ per cent., per annum. 2. For the consideration aforesaid the said M. grants imto the said A. B., C. D. and E. F. and their heirs, the hereditaments described in the schedule hereto with their legal or usual appurtenances. Provided (1). That after satisfaction of the foregoing covenant the said ISL, his heirs or assigns, shall be entitled to a reconveyance of the premises at his and their cost. (2). (a) That the foregoing covenant shall be satisfied both in law and equity by payment to the cashier of any firm carrying on the business of the said firm of , whether the same shall consist of all any or none of the present partners, and notwith- standing the addition thereto of any partner or partners, or any variation in or disability of the partners thereof for the time being (16), (24). In witness, &c. III. TEANSFEES OF MOETGAGES (6). No. 79. Transfer of Freeholds, Mortgagor 7wt Joining, (c) by In- dorsement. THIS INDENTURE, &c., between the within named {mortgagee) of the one part, and of the other part, witncsseth as follows : — 1. In consideration of £ paid by the said to the said !M. in discharge of the principal and current interest now due on the security of the within written indenture, the said ]\I. assigns unto the said , his executor, and administrators the principal monies and interest secured by the within written indenture, and all securities for (a) This proviso may be omitted where the mortgage is to a company. (i) For transfers of mortgages on the appointment of new trustees, see Tart III. Sect. 5. (f) The mortgagor shoiiUl Tiot join whore he has incun\hcreJ the equity of redemption. 1 2 116 SKCL'RITIES. the same, with power for the said , his executors, administrators or assigns, or his or their sul)stitute or substitutes, in the name or names of the said M., his executors and administrators, to sue for, receive and give receipts for the same premises. 2. For the consideration aforesaid the said M. grants unto the said and his heirs the premises by the within written indenture granted, subject to the subsisting equity of redemption under the same indenture (1.) In witness, &c (a). No. 80. Transfer of Freeholds, Mortgagor Joining, {b) by Indorsement. THIS INDENTURE, &c., between the within named (A. B.) of the 1st part, the within named (^mortgagor) of the 2nd part, and (c) of the 3rd part, witnesseth as follows : — 1. In consideration of £ paid by the said to the said A. B. at the request of the said M. in discharge of the principal now due on the security of the within written indenture, and of the payment by the said M. to the said A. B. of aU interest due thereon up to this date the said M(^9). 2. For the consideration aforesaid the said A. B. by the request of the said M. grants, and the said M. grants and confirms unto the said and his heirs the premises expressed to be granted by the within Avritten indenture discharged from all monies thereby secured excepting so far as the same may enm'e as a protection against any mesne incumbrances (10), (1) {d), (16), (23), (24). In witness, &e. (a) Notice of the assignment should be given to the mortgagor. (h) The mortgagee. (c) The transferee. (rf) By A. B. with the transferee. The other covenants by the mortgagor. SECURITIES. 117 No. 81. Transfer 0/ Frkeholds by Executor and Heir 0/ Mortgagee, Mortgagor Joining and Receiving a Further Ada'ance {not Indorsed) . THIS INDENTURE, &c., between (A. B.) of the 1st part, (C. D.) of the 2ncl part, (mortgagor) of the 3rd part, and (a) of the 4th part, witnesseth as follows : — 1. In consideration of £ at the request of the said M. paid by the said INI. to the said C. D. as sole executor of the will (dated &c.) of X. Y. in discharge of the principal now due on the after mentioned security, and of the payment by the said ]M. to the said C. D. of all interest due thereon up to this date; and also in consideration of £ to the said M. paid by the said the said M. (9). 2. For the considerations aforesaid the said A. B. (at the request of the said M.) as to such of the after mentioned premises as are com- prised in a mortgage security in fee (dated &c.) for £ from the said M. to the said X. Y. and are now vested in the said A. B. as his heir at law, and by the direction of the said CD. grants, and the said INI. as to all the premises grants and confirms unto the said and his heirs the hereditaments described in the schedule hereto with their legal or usual appurtenances discharged from all monies seciufcd by the said mortgage excepting so far as the same may enure as a pro- tection against any mesne incumbrances (10), (2) (i), (16), (23), (21). In witness, &c. No. 82. Transfer of Mortgage of Assigned Leaseholds, ]Mortgac()r not Joining (bg Indorsement). THIS INDENTURE, &c., between the within named {mortgagee) of the one part, and of the other part, witnesseth as follows : — (a) The transferee. {b) By A. B. and C. D. with tlio transferee. The other covenants l>y the mort- gagor. 118 SECURITIES. 1. In consideration of £ paid by the said to the said M. in discharge of the principal and current interest (with £ arrears) now due on the security of tlie within written indentui'e the said M. assigns unto the said , his executors and administrators, Istly, the principal monies and interest secured by the within written indenture with the said sum of £ arrears, and all securities for the same premises, (and with power for the said , his executors, administrators or assigns, or his or their substitute or substitutes, m the name or names of the said M., his executor and administrator, to sue for, receive and give receipts for the same premises) ; and 2ndly the premises by the within written indenture assigned : As to the Istly mentioned premises absolutely ; and as to the 2ndly mentioned premises during the subsisting residue of the within mentioned term of years, and subject to the subsisting equity of redemption under the same indentm-e (1). In witness, &c. No. 83. Transfer of Mortgage of Demised Leaseholds to Three Mortgagees — Mortgagor joining. Not indorsed. THIS INDENTURE, &c., between (A. B.) (a) of the first part (mortgagor) of the second part, and (C. D.) (b) (E. F.) and (G. H.) of the thu'd part, witnesseth as follows : — 1. In consideration of £ , at the request of the said M., paid by the said C. D., E. F. and G. H. (out of monies belonging to them on a joint legal and equitable account) to the said A. B. in discharge of the principal and interest now due on the after mentioned secmity, the said (M.) (28). 2. For the consideration aforesaid the said A. B. (at the request of the said INL), and as to such of the after mentioned premises as are comprised in a mortgage security (dated, &c.) for £ from the said M. to the said A. B., assigns, and the said M. as to all the premises («) Mortgagee. {b) Transferees. SECURITIES. 119 demises unto the said CD., E. F. and G. H., tlieir executors and administrators, the premises described in the schedule hereto, Avith their legal or usual appurtenances, during the subsisthig residue of the term of years, created by the said mortgage, discharged from all monies thereby secured, excepting so far as the same may enure as a protection against any mesne incumbrance (11), (29), (1)' (17), (30), (24). In witness, &c. No. 84. Reconveyance of Freeholds and Leaseholds hy IIeih and Executor o/" Mortgagee. By indorsement. THIS INDENTURE, &c., between (A. B.) of the first part, (C. D.) of the second part, and the within named {mortgagor) of the third part, witnesseth as follows : — 1. In consideration of £ ■ paid by the said !M. to the said C. D. as sole executor of the Avill (dated, &c.) of the within named X. Y., in discharge of all principal and interest now due on the security of the within written indenture, the said A. B., as to such of the after mentioned premises as arc now vested in him as heir-at-law of the said X. Y., by the direction of the said C. D., grants unto the said ]M. and his heirs the premises granted by the within written indenture, discharged from all monies thereby secured. 2. For the consideration aforesaid the said C. D. assigns (a) unto the said ]\I., his executors and administrators, tlie premises (a) assigned by the within [a) written indenture, discharged from all monies thereby secured [during the subsisting residue of the witliin mentioned term] (2). In witness, &c. (r/) If'tlie leiiriclidlds were deuiised, substitute " surrenders" and "c»." 136 ANNUITY DEEDS. tlio life of the said V.^ a yearly rent-charge of £ , payable by equal half-yearly payments (eommencing the day of next), and charged \ipon the premises described in the two schedules hereto with their respective appurtenances ; And further, that the said P., his executors, administrators and assigns, may recover all arrears (exceeding forty days arrears) of such rent-charge, and all expenses of recovery, by entry and possession or perception of the rents and profits of the respective premises without impeachment of waste. 2. For the consideration aforesaid, the said V. demises unto the said , their executors, administrators and assigns, the premises described in the two schedules hereto with their respective appur- tenances ; As to the Istly scheduled premises from the day preceding the date hereof for the term of ninety-nine years (if the said Y. shall so long live) without impeachment of waste ; And as to the 2ndly scheduled premises during the subsisting residue of the term of years, created by a lease (dated, &c.,) from X. Y. to the said V., (Avanting the last day thereof), or such part of the said term of years wanting one day as the said V. shall live; And as to all the premises. Upon trust that the said and the survivor of them, his executors or administrators, or their or his assigns, shall receive and pay to the said P., his executors, administrators and assigns, all arrears (exceeding forty days arrears) of the said rent-charge and all expenses as aforesaid, the said arrears and expenses being raised first out of the rents and profits of the respective premises (and in default thereof by mortgage with power of sale), and the surplus rents and profits paid to the said V., his executors, administrators and assigns (57) (a). 4. The said V. for himself, his heirs, executors and administrators, covenants with the said P., his executors, administrators and assigns, and also as a separate covenant with the said , their executors, administrators and assigns, that the said V. is entitled to execute this assurance of the respective premises free from incumbrances (the rest as in (4) ). 5. The said V. for himself, his heirs, executors and administrators, covenants with the said P., his executors and administrators, that the (a) Omitting clause 3, and giving the poAver of appointment to the grantee. ANNUITY DEEDS. 137 said v., his heirs, executors or administrators, will pay to the said P., his executors, administrators and assigns, such annuity, and at such times as aforesaid, and will also (a) do all acts required for enabling him or them to effect a policy for £ on the life of the said V. in any office, and on demand reimburse him and them all extraordinary premiums payable for effecting or keeping on foot such policy, and also give him or them three weeks written notice of every circumstance necessitating such payment. 6. Provided that the said annuity shall be repurchasable by the said V. or his assigns for £ {the rest as in Precedent No. 99). In witness, &c. No. 101. Grant of an Annuity for the Grantee^s Like, charged on Freeholds and Leaseholds, with power to Repurchase. THIS INDENTURE, &c., between {vendor) of the first part {purchaser) of the second part, and and of the third part, w^tnesseth as follows : — 1. The said V. in consideration of £ paid to him by the said P., grants unto the said P. and his assigns a yearly rent-charge during the life of the said P. of £ , payable by equal half-yearly payments (commencing the day of next), and charged upon the premises described in the two schedules hereto witli tlicir respective appurtenances ; And further, that the said P. and his assigns, may recover all arrears (exceeding forty days arrears) of such rent-charge, and all expenses of recovery by entry and possession or perception of the rents and profits of the respective premises without impeachment of waste. 2. For the consideration aforesaid, the said V. demises unto the said , their executors, administrators and assigns, the premises described in the two schedules hereto with their respective appur- (rt) This covenant assumes that the amount of the ordinary [iremiums will be inchided in the annuity. 138 ANNUITY DEEDS. tenances ; As to the Istly scheduled premises from the day preceding the date hereof for the term of ninety-nine years (if the said P. shall so long live)^ without impeachment of waste ; And as to the 2ndly scheduled premises during the subsisting residue of the term of years created by a lease (dated, &c.) from X. Y. to the said V. (wanting the last day thereof), or such part of the said term of years wanting one day as the said P. shall live ; And as to all the premises. Upon trust that the said and the survivor of them, his executors or administrators, or their or his assigns, shall receive and pay to the said P. and his assigns all arrears (exceeding forty days arrears) of the said rent-charge and all expenses as aforesaid, the said arrears and expenses being raised first out of the rents and profits of the respective premises (and in default thereof by mortgage with poM'cr of sale), and the surplus rents and profits being paid to the said v., his executors, administrators and assigns (57) (a), (4) (a). 5. The said V. for himself, his heirs, executors and administrators, covenants with the said P., his executors and administrators, that the said v., his heirs, executors or administrators, will pay to the said P. and his assigns such annuity and at such times as aforesaid. 6. Provided that the said annuity shall be repurchasable by the said v., his executors, administrators or assigns, for £ {the rest as in Precedent No. 99). In witness, &c. (a) Varied as in the last Precedent. EELEASES OF INTEREST. 139 Sect. 8(a). RELEASES OF INTEREST, INDEMNITIES ON PUR- CHASES, AND MISCELLANEOUS INSTRUMENTS. (Precedents 102 to 105). No. 102. Equitable (b) Release (6?/ covenant) of a Rent-Charge, 07i the Sale of part of the Lands Charged. THIS INDENTURE (c), &c., between (A. B.) of tlie first part, (C. D.) of the second part, and (E. E.) of the third part, witnesseth as foUows : — For effectuating a conveyance by indenture of even date hercMith by the said C. D. to the said E. F. and his heii's, of hereditaments at in shire, the- said A. B., at the request of the said C. D., for himself, his heirs, executors and administrators, covenants with the said E. F., his heirs and assigns, that the said A. B,, his heirs, executors and administrators, will keep the said E. F., his hcu's and assigns, indemnified against the yearly rent-charge of £ to the said A. B. during his hfe granted by indenture (dated, &c.) and thereby charged (amongst other hereditaments) on the hereditaments expressed to be conveyed by the said indenture of even date herewith, and against all arrears of such rent-charge and the expenses of recovering the same. In witness, &c. (a) As the forms in this section are mostly of a special character, a few Prece- dents only are here given. A larger number will be supplied in Vol. II. (J) A legal release would extinguish the rent-chai-ge in the whole lands. (c) The covenant might of course be included in the purchase deed, but it will generally be desirable to keep it olf the title. 140 RELEASES OF INTEREST. No. 103. Equitable (a) Release {by assiynment) of a Rent-Ciiakge, on the sale of fart of the Lands Charged. THIS INDENTURE, &c., between (A. B.) of the first part, (C D.) of the second part, (E. F.) of the third part, and (I. K.) and (L. M.) of the fourth part, witnesseth as follows : For effectuating a conveyance by indenture of even date herewith by the said C. D. to the said E. F. and his heirs, of the hereditaments at in shire specified in the schedule hereto with their ap- pui'tenances, the said A. B., at the request of the said C. D., assigns unto the said I. K. and L. M., their executors and administrators, the yearly rent-charge of £ limited in use to the said A. B. during her life by the will (dated, &c.) of her late husband X. Y., and issuing (amongst other real estate thereby limited) out of the said scheduled hereditaments, with all powers under the said will or other- wise for recovering the same ; Upon trust to receive and recover the same (with all expenses of recovery) out of the real estates by the said will hmited in use, exclusively of the said scheduled heredita- ments; And subject thereto, in trust for the said A. B. (6) In witness, &c. No. 101. Partial Release of the riyht of User of a Well and Pump(c) {by indorsement). THIS INDENTURE, &c., between the within named (A. B.) of the one part, and the within named (C. D.) of the other part, wit- nesseth as follows : — (a) See note (a) on Precedent No. 102. (i) It may sometimes be desirable to add (57). (c) This Precedent may be easily adapted to the release of any other incorporeal hereditament ; it should be indorsed on the deed reserving the ri^ht. RELEASES OF INTEREST. 141 The said A. B., in consideration of £ paid to him by the said C. D., releases unto the said C. D. and his heirs the right of user by the within written indenture reserved to the said A. B. and his heirs, of the well, pump and machinery situate on the land granted by the within written indentm'e, and therein mentioned (with the inci- dental rights and powers), so far as relates to the user thereof by the said A. B. or any person or persons claiming under him, in respect of any house or houses to be erected on the land coloured green in the plan drawn in the margin of the within written indenture. Provided that nothing herein contained shall prejudice the right of user of the said well, pump and machinery (with the incidental rights and powers), by the said A. B. or any person claiming under Mm, in respect of any house now or hereafter standing on the land coloured yellow in the said plan, subject to the stipulations in respect of such user in the within written indenture contained. In witness, &c. No. 105. Declaration of the Trusts of Stock invested as aii Indemnitt/ against a Perpetual Rent-Charge. THIS INDENTURE, &c., between (A. B.) of the first part, (C. D.) of the second part, and (I. K.) and (L. M.) of the other part, witnesseth as follows : — 1. It is agreed that tlie said I. K. and L, ]M., and the survivor of them, his executors and administrators, and their and his assigns, shall pay the dividends of £ £3 per cent. Consolidated Bank Annuities (transferred by the said A. B. into the names of the said I. K. and L. M.) as follows, that is to say; Diu'ing such time as no legal, equitable, or other proceeding shall have been instituted by tlic rector and churchwardens of the parish of •, in shire, or any of them, for the recovery of a yearly rent-charge of £, (claimed to be charged by the will (dated, ike.) upon the hereditaments at 142 RELEASES OP INTEREST. aforesaid conveyed by the said A. B. to the said C. D. and his heirs by indenture of even date herewith), To the rector and churchwardens for the time being for the said parish ; And after any such proceeding shall have been instituted, To the (a) Treasurer of the for the piu'poscs of that institution (42) (b). In witness, &c. (a) See Christ's Hospital v. Grainger, McNaghten & Gordon, vol. 1, p. 460. (b) Omitting clauses 1 and 2. END OF PART II. PAET III. FAMILY CONVEYANCING DRAFTS. Precedents. Sect. 1. Settlements . . . . 106 to 121 2. Wills . . . . . 122 to 13G 3. Appointments under Powers . . 137 to 154! 4. Disentailing Assurances . . . 155 to 160 5. Disclaimers and Appointments of Trustees . 161 to 184i G. Conveyances to Trustees and Donees of Powers ; Mort- gages to Trustees of Personal Settlements ; and Mortgages by Trustees of Terms (under real settle- ments) for Securing Portions . . 185 to 195 7. Releases and Indemnities . . . 190 to 201 8. Deeds of Gift . . . . 202 to 204 SETTLEMENTS. 145 Sect ]. SETTLEMENTS. (Precedents 106 to 121). SETTLEMENTS.-PERSONALTY. No. 106. Money in Hand, Wife's Property. Reference to the Common Forms (Part I) for the Usual Trusts (a). THIS INDENTURE, &c., between (Jmshand) of the 1st part (ititended wife) (one of the daughters of spinster) of the 2nd part, and and of the 3rd part, witnesseth as follows : — 1. In consideration of an intended marriage between the said H. and W. it is agreed that the said , their executors, administrators and assigns shall hold the sum of £ placed by the said W. (b) (with the consent of the said II.) to the credit of the said at the Banking House of Messrs. in (49) or if specially instructed (50) ; (38), adding if specially instructed (39) ; (42). In witness, &c. No. 107. Money Secured by the Husbands Covenant in the Settle- ment, (c) ivith Reference to the Common Forms [Part 1) for the Usual Trusts. THIS INDENTURE, &c., between {husband) of the 1st part («) See the settlement in Appendix (A,), where these are given at length. (i) If paid by the husband, or if the money had come to the trustees' hands in any other way, it would of course be so stated. (c) This will often be found a convenient form where the property to be settled is invested on niortgngc, and it is dosiied to avoid (he expense of a sej)aratc deed 146 SETTLEMENTS. {intended tv/fe) of tlic 2ud part, and , , and of the 3rd part, witncssctli as follows : — 1. In consideration of an intended marriage between tlie said H. and W. the said 11. for himself, his heirs, executors and administrators covenants with the said , their executors and administrators that if the said marriage shall be solemnized the said H. his heirs, executors or administrators will pay to the said or the survivors or sur^-ivor of them, his executors or administrators, or their or his assigns £ with interest after the rate of £ per cent, per annum on the (a) day of next. 2. It is agreed that the said , their executors, administrators and assigns shall hold the said sum of £ (49) or if specialli/ instructed (50). 3. The said trustees and trustee shall pay the income of the premises, including such interest as aforesaid [h) [and the rents and profits of pm'chased real estate] to the said H. {the rest as in (40), (42) (c)). In witness, &c. No. 108. Money Secured by a Policy on Husband's Life {d) effected in the Trustees' Names, tvith Reference to the Common Forms {Part l) for the Usual Trusts. THIS INDENTURE, &c., between {husband) of the 1st part^ {intended loife) of the 2nd part, and , , and of the 3rd part, witnesseth as follows : — of assignment. The covenant will be for the amount of the mortgage security, and the performance of it be secured by a deposit of the latter with the trustees. The form may of course be adapted to a covenant by some person other than the husband. (m) Six months from date. (5) Omit unless (50) is used. (r) Adding to the trustees indemnity chxuse " nor for omitting to call in ihe said sum of £ and interest during the life of the said H." (d') This is the preferable course. SETTLEMENTS. 147 1. Tn consideration of an intended marriage between the said H. and W. it is agreed that (subject as to bonuses to the subsequent proviso) the said , their executors, administrators and assigns shall hold the monies ultimately payable on a policy for £ on the life of the said H., effected on the day of with the [Law Life] Assurance Society in the names of the said and numbered , and also the monies arising from every policy effected under the subsequent powers (49) or if specially instructed (50). 2. The said trustees and trustee shall pay the income of the premises (a) [including the rents and profits of purchased real estate] to the said W. if she shall survive (the rest as in (40)). Provided that until the extinction under this proviso of the premiums on the said [Law Life] Policy the bonuses thereon shall be applied in reduction of the same premiums upon such terms as shall be arranged with the Society (35), (43). In witness, &c. No. 109. Money Secured by a Policy on Husband's Life assigned to Trustees. Trusts as in last preceding Precedent. THIS INDENTURE, &c., between {husband) of the 1st part, {intended wife) of the 2nd part, and , , and of the 3rd part, witncsseth as follows: — 1. The said H. in consideration of an intended marriage between him and the said W. assigns unto the said , their executors and administrators a policy for £ on the life of the said H., eflVcted in his name on the day of with the [Law Life] Assurance Society, and numbered , witli all monies ultimately payable thereon (34), (35). 2. Sul)jcct as to bonuses to the subsequent proviso it is agreed that the said , their executors, administrators and assigns shall hold (a) Omit these words unless (.'50) is used. L 2 148 SETTLEMENTS. the monies arising under the said poUcy, and every policy effected under the subsequent powers {the rest as in the last preceding Prece- dent, omittivg (35) inserted above). In witness, &c. (a). No. 110. Stock in Possession, Wife's Property (l)), with Reference to the Common Forms {Part 1) for the Usual Trusts. THIS INDENTURE, &c., between {husband) of the 1st part, {intended wife) of the 2nd part, and , , and of the 3rd part, witnesseth as follows : — 1. In consideration of an intended marriage between the said H. and "W. it is agreed the said , their executors, administrators and assigns shall hold £ , £3 per cent. Consolidated Bank Annuities, and £ , £S. 5s. per cent. Bank Annuities transferred by the said W. (with the consent of the said H.) into the names of the said (36) or if specially instructed (37); (38), adding if specially instructed (39) ; (42). In witness, &c. No. 111. Bond Debt and Reversionary Interest in Stock, Wife's Property^ (c), ?^i//i Reference to the Common Forms (Part 1) for the usual Trusts, {f^'ariation zvhere the property has been appointed to the wife). THIS INDENTURE, &c., between {husband) of the first part, {intended wife) of the second part, and , , and of the third part, witnesseth as follows : — (a) Notice of the assignment should be given to the office. (6) Applicable to any other investments not requiring to be assigned by deed. (c) Applicable to any other investments requiring assignment, excepting mort- gage securities, which should always be assigned by a separate deed from the settlement. See the next two Precedents. SETTLEMENTS. 149 1. The said W.^ in consideration of an intended marriage between her and the said H., and with the consent of the said H, assigns unto the said , their executors and administrators; Firstly, the bond debt of £ specified in the schedule hereto, with the arrears future] interest and securities, and with poAver for the said , and the survivors and siu'vivor of them, his executors or administrators, or their or his assigns, or their or his substitutes or siibstitute, in the name or names of the said II. and W., or either of them, to sue for, receive and give receipts for the same premises ; and Secondly (subject to the interests therein subsisting under the will, (dated, &c.,) of ]\I. N. in priority to the absolute interest {a) [thereby given to the said "W.] ), the Bank Annuities and shares specified in the second schedule hereto (34) (6). 2. The said , their executors, administrators and assigns, shall hold the premises (36) (c), or if speciallij instructed (37) ; (38) adding ij specially instructed (39); (12)(c^). In Avitness, &c. The Schedule, &c. & , secured with interest at & per cent, by the bond dated, &c. ofX.Y., of . rin names of A. B. & — £3. per cent. Consolidated Bank Annuities, J and C. D., as ex- Great Northern Preference Shares, ] f,"*«/^ ^^.j!'^ ^''^^^ LM. jN. s will. Nos. 112 and 113. Mortgage Debt secured on Freeholds, "Wife's Property; assigned by a Deed separate from the Settlement (e) with reference to ^//e Common Forms {Part \)for the Usual Trusts. (a) If the fact, substitute for these words, " now by virtue of the said will, and of an appointment dated, &c., by X. Y. the father of the said W. vested in the said W." (li) Adding after assignment " subject as aforesaid." (c) After " realize the premises," add " (when an interest in possession)." (d) Adding to the trustees' indemnity clause, " nor for omitting to sue upon the said bond." Notice of the settlement should be given to X. Y., A. 13. ami C. D. (e) See note on Precedent No. 111. 150 SETTLEMENTS. No. 112. Assignment Deed {to be indorsed on the Moktgage). TUTS INDENTURE, &c., (between the witliin named {intended wife) of the one part, and , and of the other part, witnesscth (a) as follows : — 1. The said W., in consideration of £ paid to her by the said out of their joint monies in discharge of the principal and interest now due on the within written mortgage, assigns unto the said , their executors and administrators all monies secured by the within written indenture, with power for the said , and the survivors and survivor of them his executors or administrators, or their or his assigns, or their or his substitutes or substitute, in the name of the said W., to sue for, receive and give receipts for the same monies. 2. For the consideration aforesaid the said W. grants unto the said and their heirs the premises granted by the within written inden- ture, subject to the equity of redemption subsisting by virtue thereof (1), (29) {h). In witness, &c. (c). No. 113. Settlement. THIS INDENTURE, &c., between {huhand) of the one part, {intended ivife) of the second part, and , , and ■ of the tliird part, witnesseth as follows : — 1. In consideration of an intended marriage between the said H. and W., it is agreed that the said , their executors, adminis- trators and assigns shall hold the mortgage debt of £ (with the (a) Where the security is leasehold, the two operative parts may be dispensed rith See Precedent No. 82.. (i) Substituting " within written indenture" for " hereby." (c) Notice to be given to the mortgagor. SETTLEMENTS. 151 interest and securities for the same) specified in the schedule hereto and transferred by the said W. (with the consent of the said H.) to the said (36), or if specially instructed {^7) ; {^^), adding if specially instructed (39) ; (42) (a). In Avitness, &c. The Schedule, &c. £ secured with interest at £ per cent, per annum by mortgage of hereditaments at , in shire, effected by inden- ture dated, &c., and expressed to be made between , &c. No. 114. Stock in Possession and Money in Hand, {Wife's Property), Bond Debt {Husband's Property), Policy on Husband's Life effected in Trustees' Names {h); luilh reference to the Common Forms {Part 1) for the Usual Trusts. THIS INDENTURE, &c., between {husband) of the first part^ {intended loife) of the second part, and , and of the third part, witnesseth as follows : — 1. The said H., in consideration of an intended marriage between him and the said W., assigns unto the said , theu' executors and administrators, the bond debt of £ specified in the schedule hereto, with the interest and securities, and with power for the said , and the survivors and survivor of them, his executors or admi- nistrators, or their or his assigns, or their or his substitutes or substitute, in the name of the said IL, to sue for, receive and give receipts for the same premises (34). («) Adding to the trustees' indemnity clause, " nor for omitting to enforce any remedies under the said mortgage for the recovery of the principal and interest hereby secured." (/>) This Precedent is given to sliew the mode of combining the trusts of dlifo- rent icinds of personal property in settlement, as well as of settling the husband's and wife's property in one deed. Hut it avoids much intricacy, and is little more expensive, to keep each portion of the property separate ; in which case some or other of the preceding forms will probably apply without change. 152 SETTLEMENTS. 2. It is a^ced that the said , their executors, administrators and assigns, shall hold the said premises and also the sum of £3 per cent. Consolidated Bank Annuities, transferred by the said W. (with the consent of the said II.) into the names of the said , and the sum of £ paid by the said W. (with the like consent) to the said ; And also (subject as to bonuses to the subsequent proviso) the monies ultimately payable on a policy for £ on the life of the said II., effected on the day of with the [Law Life] Assur- ance Society in the names of the said , and numbered , and the monies arising from every policy effected under the subsequent powers (36), or if specially instructed (37) (a). 3. The said trustees and trustee shall pay the income of such of the premises as shall arise from the said Bank Annuities, and the said sura of £ [the rest as in (38), adding, if specially instructed, (39). 4. The said trustees or trustee shall pay the income of such of the invested premises as shall arise from the said scheduled premises (the rest as in 40). (Proviso for payment of premiums out of income, as in Precedent No. 108), (43), (6) (35). 5. The said , their executors, administrators and assigns, shall hold such of the premises as shall arise from the said policy monies and the income thereof, Upon such trusts (other than the trust of income for the said H, during his life) and subject to such clauses and provisoes as are herein expressed concerning the investments of the said scheduled premises and the income thereof (41). In witness, &c. (c). No. 115. Stock on utnial Trusts, but Husbanu^s Interest determining on Alienation. THIS INDENTURE, &c., between {husband) of the first part, (a) Adding after " monies realized," " and also the said sum of £ and the said policy monies." (h) Adding to the trustees' indemnity clause, " nor for omitting to sue upon the said bond." (c) Noti(.'C should be given to the obligor of the bond. SETTLEMENTS. 153 {intended wife) of the second part, and and of the third part, witnesseth as follows : — 1. In consideration of an intended marriage between the said H. and W,, it is agreed that the said , their executors, administra- tors and assigns, shall hold £, £3 per cent. Consolidated Bank Annuities transferred by the said W., Arith the consent of the said II., into the names of the said (36). 3. The said trustees or trustee shall pay the income of the trust premises ; During the joint lives of the said H. and W. to the said W. for her separate use, and so that no anticipation thereof shall be vahd ; And after the death of the said AV. and during such part of the life of the said H. (if he shall survive her) as he shall have done and suflered nothing whereby the same or any part thereof would (but for this clause) become payable to some other person, to the said H., (apply- ing the same during the residue of his life for the benefit of all or any of the said H. and the children or cliild of the marriao-e in such manner and proportions as the said trustees or trustee, whose discretion shall be absolute, shall think fit) j And after the death of the said II., to the said W., if she shall survive him, during her life. Sul)jcct to the foregoingtrusts,thepremises shall be held. In trust forsuch children or child of the marriage and in such manner as the said II. and W. shall by deed, or the siu'vivor shall by deed will or codicil appoint, and so far as the same shall be unappointed. In tiiist for the children equally (or child, if but one) of the marriage attaining twenty-one years, or (being daughters or a daughter) marrying (but so that no child shall take any unappointed share without bringing his or her ajjpoiiited share into hotchpot) ; and on failure of the trusts aforesaid. In trust for the said W. (if she shall survive the said II.), otherwise for such person or persons as she shall, by will or codicil, appoint j and so far as the same shall be unappointed, In trust for such persons as tenants in common (and in such shares), as on the said W.'s death, intestate and unmarried, woidd have become entitled thereto under the Statutes of Distributions (1.2). In witness, &c. 154 SETTLEMENTS. CONVEETED EEALTY. Nos. IIG and 117. Freeholds (a), {Husband's Property). Conveyance to Trustees by a Deed separate from the Settlement [b), with Reference to the Common Forms {Part I) for the Usual Trusts. No. 116. Sale Deed (c). THIS INDENTURE, &c., between {husband) of the first part, {intended tvife) of the second part, and , , and of the third part, witnesseth as follows : — 1. In consideration of an intended marriage between the said H. and W., the said H. grants unto the said and their heirs the hereditaments described in the schedule hereto with their legal or usual appurtenances ; To the use of the said and their heirs (44). 2. The said , their heirs and assigns, shall hold the said pre- mises (46), (47), or, if specially instructed, (48). In witness, &c. No. 117. Settlement. THIS INDENTURE, &c., between {husband) of the first pai't. (a) This may easily be adapted to leaseholds, by employing the form in Prece- dent No. 13, and using (45) instead of (44). (i) This should always be done, and where more than one property is settled there should be separate conveyances (or assignments) for each. (r) The trust for sale (or ec^uitable conversion) should be employed in every SETTLEMENTS. 155 (infetided wife) of the second part, and , , and of the third part, witnesseth as follows : — 1. In consideration of an intended mannage between the said H. and W., it is agreed that the said , their heirs, executors, admi- nistrators and assigns, shall hold the clear sale monies arising from certain hereditaments of the said H. at , in shire, vested in the said and their heirs by indenture of even date herewith in trust for sale (49), or, if specially instructed {bO) ; (40) ; (42). In witness, &c. EEAL SETTLEMENTS. No. 118. FiiEEHOLDs and Leaseholds for Years, Husband's Property, loilh Reference to the Common Forms {Part 1) for the Usual Limitations. THIS INDENTURE, &c., between {husband) of the first part, {wife) of the second part, , , and of the third part, and (X. and Y.) of the foui'th part, witnesseth as follows : — 1. The said H., in consideration of an intended marriage between him and the said W., grants unto the said and tlicir heirs the hereditaments described in the first schedule hereto, with their legal or usual appurtenances. 2. For the consideration aforesaid the said II. assigns unto tlic said , their executors and administrators, the premises described in the second schedule hereto with their legal or usual appurtenances ; As to the premises described in the first part of the same sclicdule, during the subsisting residue of the term of years created by a lease (dated, &c.) from to and now by mesne assignments and case where an ultimate distribution of the property among a class is intended. The sale is merely nominal, the trustee;* being pnttcctod from liability for not selling, and the exercise of the trust restricted during the continuance of the life estates. 156 SETTLEMExXTS. operations in the law vested in the said II. ; And as to the premises described in the second part, &c. (52) to (55); (41); (56); (57). In ■witness, &c. No. 119. Strict Settlement, u-'Uhfiill Clauses and Powers (a). THIS INDENTURE, &c., between (husband) of the first part, {interided tvife) of the second part, , , and of the third part, and (X. and Y.) of the fourth part, witnesseth as follows : — 1. In consideration [grant of freeholds as in the preceding Pre- cedent). 2. For the consideration aforesaid, the said H. grants and assigns unto the said , their executors, administrators and assigns, the premises described in the second and third schedules hereto, with their legal or usual appurtenances ; As to the 2ndly scheduled premises, to the use of the said , their executors and administrators, during the lives and life for which the same are now (under the indentures of grant or lease mentioned in tlie same schedule (6), and by mesne assignments and operations in the law) vested in the said H. ; And as to the Srdly scheduled premises, duiing the subsisting residue of the terms respectively created by the leases mentioned in the same sche- dule (b), and now by mesne assignments and operations in the law vested in the said H. (52). 4. The grant of the Istly scheduled premises shall enure (after the marriage) to the use of the said X. and Y., their executors, adminis- trators and assigns, for the term of 500 years fi'om the day of (a) Containing (in addition to the common forms in Part I.) the trusts of a term for securing advancements to younger children, and children of future marriat^e ; powers to jointure and portion children of subsequent marriages ; special provisions as to children advanced under the first term ; power of mortgaging ; an clauses as to renewal of leaseholds for lives. (&) Where several leasehold properties are assigned by one deed, it is convenient to state the leases in the schedule, which may be worded as follows : " All that (parcels) held under lease (dated, &c.) from to ." SETTLEMENTS. 157 — , Upon trust that they, and the survivor of them his executors or administrators, or their or his assigns, shall during the joint Hves of the said {husband) and {intended wife) raise and pay to the said W., for her separate use, the annual sum of £^- , by equal quarterly payments (commencing the day of next), no anticipation of which by the said W. shall be valid ; and subject thereto shall (if the said H. shall by deed, will or codicil so appoint) raise and apply for the benefit of each child of the said 11. by the said intended or any future marriage (whether being a minor or not at the execution of this trust) who, if then of full age, and if the said II. were then dead, would be then under the subsequent trusts entitled to a portion under the 1000 years term hereinafter Hmited, one- fourth (or less) of the portion to which such child would then be so entitled : And after expiration or determination of the said term, to the use of the said H. during his life : And after his death, to the use tliat the said W. (and if the said H. shall by deed before or after marriage, or by will or codicil so appoint), every other wife of the said H. may receive during her life, in bar of all dower and freebench, a yearly rent-charge (being the said W.) of =€ or otherwise, of & payable by equal quarterly payments, commencing at the end of three calendar months from the said II. 's death, and may recover all arrears thereof exceedirg forty days arrears, and all expenses of recovery by entry and possession or perception of the rents and profits of the premises : And subject thereto, to the use of the said , their executors, administrators and assigns, for the term of 1000 years from the day of , Upon trust that they and the survivors and survivor of them, his executors or administrators, or their or his assigns, shall receive and pay to the person entitled thereto all arrears (exceeding forty days arrears) of the said rent-charge hereinbefore limited in use and all expenses as aforesaid, and shall also discharge all expenses under these presents; and subject thereto shall execute to tlie said X. and Y, or the survivor of them, his executors or administrators, iqiou tlic attaining twenty-one years by the first child of the said mairijige (excepting a tenant in tail male in possession of the premises) who shall attain that age, or upon the death of the said II. (whichever shall last happen) a mortgage by demise with power of sale of the premises for the portion sum of C'iO.OOO (of wliieli C'lOOO shall not 158 SETTLEMENTS. be called in until more tlian one child of the marriage (excepting as aforesaid) shall have attained twenty-one years, and a further £5000 shall not be called in until more than two children of the marriage, excepting as aforesaid, shall have attained twenty-one years), with interest on the total portion sum at £4 per cent, per annum ; and shall also pay to the said X. and Y., or the survivor of them, his executors or administrators, during the interval which may elapse between the death of the said H. and the execution of the said mort- gage, or such part thereof as any child of the marriage (excepting as aforesaid) may be living, a yearly sum equal to what the interest on the said portion sum would amount to if such mortgage were then executed ; and subject thereto shall (in case the said H. shall by deed before or after marriage, or by will or codicil so appoint) execute to the said X. and Y., or the survivor of them, his executors or adminis- trators, upon the attaining twenty-one years by the first child of eveiy subsequent marriage of the said H. who shall attain that age, or upon the death of the said H. (whichever shall last happen) a mortgage or further charge, with power of sale for the portion sum of £10,000 (of which £1500 shall not be called in until more than one child of the same marriage shall have attained twenty-one years; and a further £1500 shall not be called in until more than two children of the same marriage have attained twenty-one years), with interest on the total amount thereof after the rate aforesaid ; And shall also (in the case aforesaid and subject as aforesaid) pay to the said X. and Y. or the survivor of them, his executors or administrators, during the interval which may elapse between the death of the said H., and the execution of each such mortgage or further charge (or such part thereof as any child of the marriage in respect of which each such portion sum of £10,000 is hereinbefore made chargeable shall be living), a yearly sum equal to what the interest on the same portion sum would amount to if such mortgage or further charge were then executed ; It being agreed that (without prejudice to the trusts of the said five hundred years term) no portion sum shall be deemed to be charged under the said 1000 years term, until the period for executing the mortgage or further charge herein- before directed to be executed for the same shall have amved : And after expiration or determination of the said term, to the use of the SETTLEMENTS. 159 first and every other son successively of the said intended marriage, and the heirs male of their respective bodies issuing : And for defaidt of such issue, to the use of the said H. and his heirs. ProWded (1) that the sums raiseable under the said 500 years term (other than the said annual sum) shall be raised by mortgage "with power of sale, and the last mentioned annual sum, and the arrears and expenses raiseable under the said 1000 years term, shall be raised in the first instance out of the clear rents and profits of the premises, and in default thereof by mortgage with power of sale, the surplus rents and profits being paid to the next reversioner, and the said terms deter- mining when no actual or possible trust thereof shall be subsisting. (2). That during the minority of each son of the marriage wlio (but for this pro'saso) would be entitled (the rest as in clause 2 of (5i). (3). That the several estates hereinbefore limited (including every such entry, possession, management and perception of rents and profits as aforesaid), shall be without impeachment of waste. (4-) That so much of the respective portion sums charged imder the said 1000 years term as shall not ultimately become subject to be called in under the trusts thereof: And also (in case the aggregate of any portion sum charged and subject to be called in under the said 1000 years term, and of monies actually raised in respect of the same portion sum under the said five hundred years term, shall, after deducting there- from all amounts subject in respect of the same portion sum to tlio operation of the clause next hereinafter considered, exceed the total amount chargeable in any event in respect of the same portion sum under the said 1000 years term, then and in such case) so much of the same portion simi as shall equal the excess aforesaid : And also, so much of the portion sum or share of a portion sum to which each child of the said H. attaining a vested interest under the trusts here- inafter contained would (but for this clause) become entitled, as shall equal the total amount raised for each child under the said 500 years term; Shall be held. Upon the trusts and sid)jcct to the clauses and provisoes hereinafter expressed concerning the sale monies arising under the subsequent power (cr), and so that the interest or yearly (o) The clauses providing for younger children's portions arc unuvoid.ibly difli- cult however framed. The working of the above clauses, in connection with clause 4, 160 SETTLEMENTS. payment in lieu thereof, or otlicr the income of all amounts falling under the operation of this present proviso, or which if charged or and assuming the amounts of the portions, &c., to be as there stated, may be illus- trated as follows : — Supposing five yovnger children of the marriage, all under age, whose presump- tive portions under the 1000 years term would therefore be (£30,000 :=.) £6000 a piece. The father exercises his power of advancement under the 500 years terra to the full extent, giving the younger children (one-fourth of £6000 =) £1500 a piece, and making the total of advancements (£1500 X 5 =) £7500. Now supposing, 1st. One child to attain twenty-one, and the other four to die under that age, the charges will stand as follows : — Total charged under 1000 years term .... £30,000 Of this belongs to tenant in tail, by clause (1) of this proviso (the application as sale monies being in effect a gift to the estate) . 10,000 Ditto, ditto, by clause (2). For £20,000 charged and subject to be called in, -\- £7500 advancements — £1500 repaid under clause (3) = £26,000 .-. the excess above £30,000, the total chargeable, is . 00,000 Ditto, ditto, by clause (3) . . . . . 1,500 Total falling Into the estate . . . 11,500 Remains to be raised .... £18,500 That is to say, the one child attaining twenty-one will have (including his advance- ment) £20,000, and the advancements to the four who died will be borne by the estate, the total actually raised (£7500 x £18,500 =) £26,000, being within the limit. 2ndly. If two children attain twenty-one, tenant in tail will have, by clause (1), £5000 ; by clause (2), nil ; (for £25,000 + £7500 — £3000 = £29,500 only) : by clause (3), £3000 ; total falling into the estate, £8000, leaving to be raised £22,000. The two children attaining twenty-one will have (Including their advancements) £12,500 a piece, and the advancements will be borne by the estate, the total being within the limit. 3rdly. If three children attain twenty-one, tenant in tail will have, by clause (I), nil ; by clause (2), (£30,000 -j- £7500 — £4500 = £33,000 ; excess above the limit of £30,000), £3000 ; by clause (3), £4500 ; total falling into the estate, £7500, leaving to be raised, ^£22,500. The three children attaining twenty-one will have (including their advancements) £9000 a piece, the advancements to the two children who died being taken (as ihey would exceed the limit) out of the shares of the three, which have thus been reduced £1000 a piece. 4thly. If four children attain twenty-one, tenant in tall will have, by clause (1), nil; by clause (2), (£30,000 + i;7500 — £6000 = £31,500; excess above the limit of £30,000) £1500; by clause (3), £6000; total falling into the estate, £7500, leaving to be raised as before, £22,500, and giving the four children (including their advancements) £7125 a piece, the advancement to the one who SETTLEMENTS. 1 6 L subject to be called in (as tlie case may be) under the said 1000 years term, would fall under the operation thereof, shall be held upon the trusts and subject to the clauses and provisoes hereinafter expressed concerning the income of the invested sale monies arising as afore- said : (5) That (subject always to the operation of the last pronso) the said X. and Y. and the survivor of them, his executors and admi- nistrators, shall hold the portion sums charged under the said 1000 years term, and all secui'ities and interest (or yearly sum in lieu of interest) for the same, upon trust that they or he shall either retain or realize the same portion sums (so far as the same shall for the time being be subject to be called in) and the other investments for the time being under the trust, and invest the monies realized in or upon any stocks, funds, shares, or securities, not being Irish or foreign, or the personal security of any person ; and shall hold the same premises, as to so much thereof as shall represent the said portion sum of £30,000 (or the amount ultimately subject to be called in respect thereof ) and all income thereof, in trust for the children equally or child, if but one of the said marriage, who shall (either before or after the same portion sum shall become charged) attain twenty-one years, excepting any children or child who or whose issue shall (before the same portion sum shall become charged) become entitled to an estate in tail male in possession under the foregoing limitations ; and as to so much thereof as shall represent the portion sura charged under the said 1000 years term in respect of every subsequent marriage of the said II. (or the amount ultimately subject to be called in respect thereof) and all income thereof, in trust for tlie children equally or child, if but one of the said II. by the same marriage, who shall attain twenty-one years : It being further agreed that (subject always to the operation of the last proviso) the said X. and Y. and the sm'- vivor of them, his executors or administrators, may raise and apply died being taken out of the shares of the four, which have tlms been reduced ^375 a piece. 5thly. If all five attain twenty-one, tenant in tail will have, by clause (1), nil ; by clause (2), i;;30,000 + £7500 — X7500 = £;W,000, excess above tiie limit, nil ; by clause (3), £7500, leaving to be raised, £2'J,500, and giving the five children (including their advancements) their full amount of £6000 a piece. 1G2 SETTLEMENTS. for any minor's benefit, half or less of his or her interest under the trust, and apply the income (including such mortgage interest or yearly sum in lieu thereof as aforesaid) of his or her said interest for his or her maintenance and education (payment to a guardian being deemed such application), accumulating any surplus upon the trusts and with the powers of the principal from which the same proceeded or the income thereof. 5. During the life of the said H., and also during such management as aforesaid, the said , and the survivors and siu-vivor of them, his executors or administrators, or their or his assigns, may raise money for any of the purposes of these presents (excepting the purchase of land) by mortgage with power of sale of the premises (no mortgagee of which shall be bound to see that the money raised was required for any such purpose), and may also sell the premises, or concur with the o^vners of other undi\dded shares therein in partitioning the same, or exchange the same for other hereditaments, with the discretion of absolute owners as to the conditions, mode and time of sales, partitions and exchanges, and with power to execute and rescind agreements for sales, partitions aud exchanges, to buy in and resell the premises, to receive and pay money for equality of partition or exchange, and to effectuate every exercise of these powers by revoking by any deed or deeds the iises, trusts, clauses and provisoes herein expressed concerning the same premises (without prejudice to subsisting mortgages and leases), and by the same, or any other deed or deeds, appointing the same premises to such uses, upon such trusts, and subject to such clauses and provisoes as shall be required : It being agreed (1) That the monies arising under these powers (other than the powers of mortgaging) shall be disposed of in the purchase of freehold estates of inheritance (to be settled to the uses, upon the trusts, and subject to the clauses and provisoes subsisting by virtue hereof in the premises comprised in the first schedule hereto) or leaseholds for lives or years, which shall be vested in the said trustees or trustee, their executors, administrators and assigns, upon the trusts and subject to the clauses and provisoes subsisting by -virtue hereof in the premises comprised in the second and third schedules hereto respectively; (2) That until such disposi- tion thereof as aforesaid the monies arising as aforesaid or realized from investments under this trust, shall either be applied as mortgage SETTLEMENTS. 103 monies arising under this power (or in pajdng off mortgages created nnder these presents), or invested in or upon any stocks, funds, shares or securities, not being Irish or foreign or the personal secm-ity of any person, and so that the said trustees or trustee may either retain or realize every investment thereof, applying the income thereof as if the same had been the rents and profits of pru'chased hereditaments : (3) That during the life of the said H. no mortgage, sale, partition or exchange shall be valid unless he shall be a party to and execute the deed (or one of the deeds) by which the same is effectuated, nor shall any disposition, application, investment, or reabzing of investments of the monies (including mortgage monies) arising under this power be made during the life of the said H. without his ^vl•itten consent : (4) That the application of mortgage monies raised under this power in the renewal of leaseholds for lives or years subject to the trusts of these presents, shall not be deemed a purchase of lands within the foregoing exception in reference to such mortgage monies, nor sliall such application, (or the repayment under the foregoing clause of mortgage monies raised for that purpose), vary the respective amounts in which the beneficial owners of the same premises are liable to contribute to such renewals. 6. The said II, dm-ing his life and after his death, and diiring such management as aforesaid i^the rest as in clause 2 of (55) ) (41). 7. The said , their executors, administrators and assigns, shall hold the said secondly and thirdly scheduled premises ; Upon trust that they and the survivors and survivor of them, his executors, adminis- trators, or their or his assigns, shall discharge the lessees' habilities under the respective leases and grants thereof out of the rents and profits, and shall renew the leases or grants ordinarily renewable of the same premises, defraying the expenses of renewal out of tlic premises benefited, and so as to throw the same on the respective beneficial owners according to the proportions observed by Courts of equity; And, (subject as aforesaid), shall hold the secondly and thirdly scheduled premises, Upon such trusts and subject to such clauses and provisoes as will (without mvdtiplying charges) correspond to the uses, trusts, clauses and provisoes herein expressed concerning the said firstly scheduled premises so far as the ndcs of law and rquity will 1G4 SETTLEMENTS. permit ; but so that the said thirdly scheduled premises shall not vest absolutely in any son of the said marriage not attaining twenty- one years. 8. Provided alsOj (1) that the trustees' receipts shall discharge persons paying purchase, mortgage, or other money, or transferring trust property from all liability in regard to the application thereof: (2) That the said II., dm-ing his life, and after his death the surviving or continuing trustees or trustee, or the executors or administrators of the last surviving or continuing trustee of the same premises may appoint one or more persons in the place, and with the powers of every original or future trustee who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment revested or not at discretion.^ The vacancies may be supplied either at the same or several times and in any order, and any one or more be left unsupplied ; and every refusing or retiring trustee shall be deemed continuing for the purpose of supplying, if willing, his own or any other then subsisting vacancy: (3) That no trustee of these presents shall be responsible for omitting to renew any lease or grant of the said secondly and thirdly scheduled premises : (4) That every trustee of these presents who shall be a solicitor or attorney [including the said ] shall be entitled to the same remuneration as if he had not been a trustee. In witness, &c. Nos. 120 and 121. Postnuptial Settlement of Wife's undivided share in Real Estate vested in Trustees/o?- sale by a separate Deed. Power of Appointment among General Issue, eldest son excluded. Special hotchpot clause. SETTLEMENTS. IQrj No. 120. Sale Deed. THIS INDENTURE, &c,, between (Juishand) and his wife of tlie one part, and and of the other part, witnesseth as follows : — 1. For good considerations the said W., with the concurrence (hereby testified) of the said H., grants and disposes of; and the said H. grants unto the said and their heirs the undivided fourth (or other) share or interest of the said W. or the said H. in her right in the hereditaments described in the schedule hereto, with their legal or usual appurtenances : To the use of the said and their heirs (46), (47), (44) {a). In witness, &c. No. 121. Settlement Deed. THIS INDENTURE, &c., between {husbaiid) and his wife of the one part, and and of the other part, witnesseth as follows — 1. It is agreed that the said , their heirs, executors, adminis- trators and assigns, shall hold the clear sale monies arising from the undivided share of the said W. (hy indenture of even date herewith vested in the said and their heirs in trust for sale) in the hereditaments therein mentioned (49). 2. The said trustees or trustee shall pay the income of the premises, (including the clear rents and profits of unsold real estate) to the said H. during his life, and after his death to the said "W. (if she sliall sui-vive him) during her life. Subject to the foregoing trusts, the premises shall be held. In trust for such issue of the said H. and A\ , («) Altered from (34). 1G6 WILLS. and in such manner as the said H. and W. shall by deed, or the survivor shall by deed, will or codicil appoint ; and so far as the same shall be unappointcd, In trust for the children equally or child (if but one) of the said II. and W. attaining twenty-one years, or (being daughters or a daughter) marrying, excepting their eldest son (a) A. B., but so that no child shall take any unappointed share therein without bringing the share (if any) appointed to him or her or his or her issue into hotchpot (42). In witness, &c. Sect. 2. WILLS. (Precedents 122 to 136). GIFTS NOT IN SETTLEMENT (b). No. 122. All Testator's Property to Wife. I, A. B., of &c., revoke my previous testamentary dispositions, and declare my wiU to be as follows : — 1. I devise and bequeath my real and personal estate (subject as to trust and mortgage estates to the equities subsisting therein) unto and to the use of my wdfe, her heirs, executors and administrators. 2. I appoint my wife guardian of my infant cliildren diu'ing their respective minorities, and executrix of this my will. In witness, &c. (a) The name should be carefully inserted. (h) Wills exercising powers of appointment will be found under Section 3 of this Part. WILLS. ir.7 No. 123. All Testator's Property to Wife, loith Legacies to Children. I, A. B., &c., revoke my previous testamentary dispositions, and declare my will to be as follows : — 1. I bequeath to every child of mine who shall be living at or born after my death (or be then dead, leaving issue then living), and who shall attain twenty-one years, or (being a daughter) marry, a legacy of =8 , without interest. 2. Subject as aforesaid, I devise and bequeath {the rest as in the preceding Precedent). In witness, &c. No. 124. Legacies and Annuities to Testator's Brothers and Sisters. Residue to one Brother. 1. I, A. B., of , revoke my previous testamentary dispositions, and declare my will to be as follows : — 1. I bequeath to A. and B. a legacy of £ a piece. 2. I bequeath to my father during his life an annuity of €200, to my brother X. (if he shall be living at the death of my father, and thenceforth during his life) an annuity of £200, to my mother diu'iug her life an annuity of j6200, to each of my sisters CD. and E. who shall be living at the death of my mother, and thenceforth dm'ing her life an annuity of ^650, to my sister F. (if she shall be living at tlie death of my mother, and thenceforth dm'ing her life) an annuity of cClOO, the said annuities to be charged exclusively on my real estate, and paid by equal half-yearly payments, and so that the annuity to each of my said sisters shall be paid to her for her separate use, and no anticipation thereof shall be valid. 3. I devise my real estate imto and to tlic use of my brotlicr Y., Iii.s heirs, executors, administrators and assigns; a.s to trust and 168 WILLS. mortgage estates, subjcet to the equities subsisting therein, and as to all other estates (charged as aforesaid) absolutely. 4. I bequeath the residue of my personal estate to my brother Y., his executors, administrators and assigns absolutely, and appoint him mv executor. In witness, &c. No. 125. Specific Devises and Bequests. Residue to Testator's Nephew. I, A. B., &c., revoke my previous testamentary dispositions, and declare my will to be as follows : — 1. I devise and bequeath my real estate in shire and shire unto and to the use of C, his heirs, executors and administrators absolutely. 2. I bequeath my leasehold premises, No. , street, in , to D., her executors and administrators, for the residue of my term therein, and so that she, her executors and administrators, shall discharge and keep my general estate indemnified against all liability under the lease thereof. 3. I bequeath to V. the sum of ^6100 (free from legacy duty), to W. my gold watch, to X. all other my trinkets and my plate. 4. I devise and bequeath my real and personal estate, not hereby otherwise disposed of (subject as to trust and mortgage estates to the equities subsisting therein) to my nephew Y., his heirs, executors and administrators, and appoint him my executor. In witness, &c. No. 126. Realty and Personalty. Trusts of the whole for Sister for Life, and afterwards for her Adult Children absolutely. I, A. B., &c., revoke my previous testamentary dispositions, and declare my will to be as follows : — 1. I devise and bequeath my real and personal estate unto and to WILLS. 169 the use of and , their heirs, executors and administrators • Upon trust that they and the survivor of them, his executors or adminis- trators, or their or his assigns, shall pay the income thereof to my sister C. D. during her life, for her separate use, and so that no anticipation thereof shall be valid (with power for my said trustees and trustee to lease, repair and insure against fire any houses or land hereby devised, and to retain in specie all or any leaseholds and of my personal estate) ; and after my said sister's death, in trust for my nieces and , their heirs, executors and administrators, in equal shares (62) (a), (63). In witness, &c. GIFTS IN SETTLEMENT. No. 127. Personalty for Wife and Children, loith Reference to the Common Forms [Part 1) for the Usual Trusts. I, A. B., &c., revoke my previous testamentary dispositions and declare my will to be as follows : — 1, I bequeath to my wife all my personal estate not consisting of money or securities, with a legacy of £ , payable within two weeks from my death. 2. I bequeath my money and securities to and (58), or if specially instructed (59) ; (60), or (61 ) {h) ; (02) ; (03). In witness, &c. (a) Omitting the ckuses for advancement, &c. (6) As instructed. 170 WILLS. No. 128. (a) Will of Personalty ; absolute Gift of Consols to one Son ; Settlement of the same amount 07i another Son during life, with Gift over to his Children, and power to appoint a Life Interest to a Wife ; residue between the Two Sons equally. I, A. B., of &c., revoke my prc\dous testamentary dispositions and declare my -will to be as follows :— 1. I bequeath to my son C. J)., £ £S per cent. Consolidated Bank Annuities absolutely. 2. I bequeath to and , their executors, administrators and assigns, £ like annuities, upon trust that they and the survivor of them, his executors or administrators or their or his assigns, shall either retain or realize the same and the investments under this trust, and invest the monies realized in or upon any stocks, funds, shares, or secm'ities, not being Irish or foreign, or the personal security of any person. 3. The income of the trust premises shall be paid to my son E. F. during his life, and after his death (if he shall by deed either before or after marriage, or by will or codicil so appoint) to any widow of his dm'ing her life. Subject to the foregoing trusts, the premises shall be held. In trust for such children and child of my son E. F., in such manner as he shall by deed, wiU, or codicil appoint ; and so far as the same shall be unappointed. In trust for his children equally attaining twenty-one years or (being daughters or a daughter) marrying (but so that no child shall take any unappointed share without bringing his or her appointed share into hotchpot) ; and on failure of the foregoing trusts. In trust for my said son E. F., his executors and administrators. 4. Provided (1), That the said trustees or trustee may {the rest as in{62), down to clause -1). 5. I bequeath all other my personal estate to my said sons C. D- and E. F. equally (63), and clause 5 o/(62). In witness, &c. (a) This and the next three Prececjents are applicable to settlements by will on adult children. WILLS. 171 No. 129. Will of Personalty, settling the Shares of{a) Testator's Daughters, so as to give them a General Power 0/ Appoint- ment, and in default of appointment, settling their Shares on Themselves and their Children. I., A. B., of &c., revoke my previous testamentary dispositions and declare my will to be as follows : — 1. I bequeath my personal estate to and , tlicir executors, administrators and assigns (58), {or, if specially instructed, 59). 2. The trust premises shall be deemed to consist of as many shares as there shall be children of mine living at my death, and each such child shall be entitled to one share : Pro\aded that, as regards a daughter's share, the term " entitled" shall import that the said trustees or trustee shall hold the same, In trust for such person or persons as she shall by deed, will, or codicil appoint ; and so far as the same shall be unappointed, shall hold the same Upon trust during her life to pay the income to her for her separate use (and so that no anticipation thereof shall be valid), and (subject thereto) In trust for her children equally (or child if but one) attaining twenty-one years (a) A testator may deal with the shares of his female children in four modes of settlement. Istly. He may (as in this Precedent) give them an absolute power both over the principal and income, but so that if they do not exercise it, neither principal nor income will be in their husband's power, but be secured to them- selves or their children. 2ndly. lie may tie up the shai'cs to them and their children, but give them a power to give any husband a life estate (see Precedent No. 130). 3rdly. He may tie up the shares similarly, ivithont the power of giving a life estate. In both the '2nd and 3rd cases, although the daughters cannot touch the principal, nor (after marriage) the income, vet, while tliscovert, they have the power of alienating the income, and, if they choose, may settle it on an intended husband. If it is wished to prevent this, the 4lh form (Precedent No. 132) must be employed. Which of the four should be employed depends of course much on individual cases. Where there is no objection to it, the first form is found very convenient, as it enables the daughters (while affording them reasonable protection against involuntary loss by a husband's bankruptcy or insolvency) to give a life estate to an intended husband, to raise any sums required previously in marriage, and to purchase a life annuity of increased amount >hould tlu>y live unmarried. 172 WILLS. or (being daughters or a daughter) marrying ; and if tlierc shall be no such child of hers^ In trust for my other children or child living at my death, if more than one, equally (62), (C3). In witness, &c. No. 130. Will of Personalty settling the Shares oJ Testator's Daugh- ters on Themselves or their Children, hut with Power to give a Life Interest to a Surviving Husband. I, A. B., of &c., revoke my previous testamentary dispositions and declare my will to be as follows : — 1 . I bequeath my personal estate to and , their executors, administrators and assigns (58), or, if specially instructed {^9). . 2. The trust premises shall be deemed to consist of as many shares as there shall be children of mine living at my death, and each such child shall be entitled to one share : Provided that, as regards a daughter's share, the term "entitled" shall import that the said trustees or trustee shall pay the income to her for her separate use during her life (and so that no anticipation thereof shall be valid), and after her death (if she shall by deed so appoint) to her husband, if he shall survive her during his life, and subject to the foregoing trusts shall hold the same share, In trust for such children or child of such daughter, and in such manner as she shall by deed, will, or codicil appoint ; and so far as the same shall be unappointed, In trust for her children equally, or child, if but one, attaining twenty-one years or (being daughters or a daughter) marrying (but so that no child shall take any unappointed share therein without bringing his or her appointed share into hotchpot) ; and if there shall be no such child of hers, In trust for my other children or child living at my death, if more than one, equally (62), (63). In witness, &c. WILLS. 173 No. 131. Will of Personalty settling the Shares of Testator's Daugh- ters on Themselves and their Children, without Power to give a Life Estate to a Husband. I, A. B., of &c., revoke my previous testamentary dispositions and declare my will to be as follows : — 1. I bequeath my personal estate to and , their executors, administrators and assigns (58), or, if specially instructed (59). 2. The trust premises shall be deemed to consist of as many shares as there shall be children of mine living at my death, and each such child shall be entitled to one share : Provided that, as regards a daughter's share, the term "entitled" shall import that the said trustees or trustee shall, during her Kfe, pay the income to her for her separate use (and so that no anticipation thereof shall be valid), and subject thereto, shall hold the same share in trust for such children {the rest as in the last Precedent (G2), (03) ). In witness, &c. No. 132. Will of Personalty settling the Shares of Testator's Daugh- ters ow Themselves and their Children, and so as to prevent Alienation of their Life Interest, even tchen discovert. I, A. B., of &c., revoke my previous testamentary dispositions and declare my will to be as follows : — 1. I bequeath my personal estate to and , their executors, administrators and assigns (58), or, if specially instructed {i)9). 2. The trust premises shall be deemed to consist of as many shares as there shall be children of mine living at my death, and each such child shall be entitled to one share : Provided tliat, as regards a (laughter's share, the term ''entitled" shall import tliat the said trustees or trustee shall i)ay the income to her during such part or 174 WILLS. l^arts of her life as slie shall l)e discovert, and have done and .suffered nothing ^vhercby the same or any part thereof would (but for this clause) 1)ecome payable to some other person ; and in every event of her coverture (not having done or suffered any such thing as aforesaid) shall pay the same income to her for her separate use during such coverture, and so that no anticipation thereof shall be valid ; and in the event of her doing or suffering any such thing as aforesaid, shall thenceforth, during the residue of her life, apply the same income for the benefit of all or any of herself and her children or child, in such manner and proportions as the said trustees or trustee (whose discre- tion shall be absolute) shall think fit ; and sidjject to the foregoing trusts, shall hold the same share. In trust for such children {the rest as in the last Precedent but one (62), (03). In witness, &c. No. 133. Converted Realty for Wife and Children, icith Reference to the Common Forms {Part 1) for the Usual Trusts. I, A. B., of &c., revoke my previous testamentary dispositions and declare my will to be as follows : — 1. I bequeath to my wife all my personal estate {specifiG bequest and legacy of £ as in Precedent No. 127) 2. I devise my real estate (not hereby otherwise disposed of) unto and to the use of and , theii* heii's, executors, administrators and assigns (64) . 3. I bequeath my money and securities for money to the said and (58), or, if specially instructed {6Q); (60), or (61) (a); (62), or, if specially instructed {Qb); (63). In ^vitness, &c. (a) As instructed. WILLS. 175 No. 134. Real Estate m Settlement for Wife and Children, tvilh Reference to the Common Forms {Part 1) for the Usual Limitations. I, A. B., of &c., revoke my previous testamentary dispositions and declare my will to be as follows : 1. I bequeath to my wife a legacy of £ , payable within two weeks after my death. 2. I devise my real estate (not hereby otherwise disposed of) (66), (67), (68), (41), (69), (70), (63). In witness, &c. No. 135. Real Estate in strict StETTLB-M-E-NT!, with full Clauses and Powers (a). I, A. B., of &c., revoke my previous testamentary dispositions and declare my will to be as follows : — 1. I direct that my wife shall be entitled (while she shall live my Avidow unmarried and maintain without charge such of my unmarried children as shall desire to reside with her) to occupy and enjoy, rent free, my mansion house of , near , in shire, with the stables, outbuildings, grounds and gardens, and the effects comprised in the after mentioned inventory. 2. Subject as to my said mansion house and effects to the foregoing direction, I devise my real estate, not hereby otherwise disposed of. (a) Including (in addition to the Common Forms in Part I.) the trusts of a term for securing advancements to portionable younger children of testator, and of tlie successive tenants for life ; the trusts of a term for securing portions to testa- tor's younger children ; limitations reducing the estates of testator's grandsons born during his life to life estates ; provisions as to the advanccnicnts out of portions; power of mortgaging; bequest of heirlooms ; clauses as to renewable leaseholds; permission to the testator's wife to reside in his mausion house rout free, and other clauses. 176 WILLS. to the use that my wife may receive during her life a yearly rent- charge of £ , payable by equal quarterly payments, commencing at the cud of three calendar months from my death ; and may recover all arrears thereof exceeding forty days^ arrears, and all expenses of recovery, by entry and possession, or perception of rents and profits : And subject thereto, to the use of X. and Y., their executors, adminis- trators and assigns, for the term of 500 years from my death, Upon trust that they and the survivor of them, his executors or adminis- trators, or their or his assigns, shall pay to the persons entitled thereto according to their priorities all arrears exceeding forty days' arrears of the rent charges for the time being subsisting under my will, and all expenses attending the recovery thereof; and subject thereto shall raise and apply (if they or he shall think fit), for the benefit of each of my cliildren, and also (if the tenant for life in possession for the time being under the subsequent limitations shall during such tenancy so appoint) for each of my other issue (whether such child or other issue shall be a minor or not at the execution of this trust), who, if then of full age (and as to my issue other than children if no tenant for life in possession were then living) _, would be then entitled to a portion under the 1000 years term hereinafter limited, one-fourth (or less) of the portion to which such child or other issue would be then entitled : And after expiration or determination of the said term, to the use of and , their executors, administrators and assigns, for the term of 1000 years from my death, Upon trust that they and the survivors and survivor of them, his executors or administrators, or their or his assigns, shall defray all expenses of their trust, and (subject thereto) shall execute to the said X. and Y., or the survivor of them, his executors or administrators, upon the attaining twenty- one years by the first child of mine (excepting a tenant for life {a) in possession, Avho shall attain that age or my death (whichever shall last happen) a mortgage by demise with power of sale of my said real estate for the portion sum of £30,000 (of which .€5000 shall not be called in until more than one child of mine, excepting as aforesaid. (a) This is adapted to a strict settlement where the testator's children take only life estates. Where estates tail are limited to them, the form will of course be varied. WILLS. 177 shall have attained twenty-one years), and a further £5000 shall not be called in until more than two children of mine, excepting as aforesaid, have attained twenty-one years, with interest on the total portion sum at £4< per cent, per annum ; and shall also (subject as aforesaid) pay to the said X. and Y., or the sm'vivor of them, his executors or administrators, during the interval which may elapse between my death and the execution of the said mortgage, or such part thereof as any child of mine (excepting as aforesaid) may be living a yearly sum equal to what the interest on the said portion sum woidd amount to if such mortgage were then executed ; And (subject thereto) shall upon the attaining twenty-one years by the first child (excepting a tenant for life, or in tail male in possession) of every tenant for life in possession who shall attain that age, or upon the death of such tenant for life (whichever shall last happen) execute to the said X. and Y., or the sm-^dvor of them, his executors or adminis- trators (in case such tenant for life shall by deed either before or after becoming entitled in possession, or by will or codicil so appoint) a mortgage or further charge with power of sale for the portion sum of £10,000, of which £1500 shall not be called in until more than one cliild (excepting as aforesaid) of such tenant for life shall have attained twenty-one years, and a further £1500 shall not be called in until more than two such children (excepting as aforesaid) shall have attained twenty-one years, with interest on the total amount thereof, after the rate aforesaid ; and shall also (in the case last aforesaid and subject as aforesaid) pay to the said X. and Y., and the sur\ivor of them, his executors or administrators, during the interval which may elapse between the death of such tenant for life, and the execution of such mortgage or further charge (or such portion thereof as any child (excepting as aforesaid) of the tenant for life in possession, in favour of whose children each such portion sum of j610,000 is hcrcinljcfore made chargeable shall be living), a yearly sum equal to what the interest on the same portion sum would amount to if such mortgage or further charge were then executed ; It being my will that (without prejudice to the trusts of the said five hundred years term) no portion sum shall be deemed to be charged under the said .€1000 years term, until the ])cvio(\ for executing the mortgage or further charge hcrcinljcforr directed to l)c N 1 78 WILLS. executed for tlic same shall liavc arrived : And after expiration or determination of the said term, to tlie use of my son C. during his life, with remainder to the use of eaeh of his sons (bom during my life) for the life of such son ; and after his decease, to the use of his first and other sons successively in tail male, and so that the elder of my said grandsons and his sons successively, and the heirs male of their respective bodies shall take before the younger of my said grand- sons, and his and their sons successively, and the heirs male of their respective bodies; With remainder, to the use of the son and sons of the said C. born after my death successively in tail male, with remainder to the use of my son D. . . (a) ; With remainder, to the use of each of my sons hereafter to be born during his life, and after his decease, to the use of his first and other sons successively in tail male (and so that the elder of my said afterborn sons and his sons successively, and the heirs male of their respective bodies shall take before the younger of my said afterborn sons and his and their sons successively, and the heirs male of their respective bodies) ; With a remainder imme- diately after the estate of each tenant for life in possession, to the use that the widow of each such tenant for life may (if he shall by deed either before or after possession, and either before or after mai'riage so appoint, and in priority to the portion sum and interest, or yearly sum in lieu thereof (if any) af)pointed by such tenant for life under the said 1000 years term), receive during her life a rent- charge of £ payable by equal quarterly payments, commencing at the end of three calendar months from his death, and may recover all arrears thereof (exceeding forty days arrears), and all expenses of recovery by entry and possession, or perception of rents and profits ; With remainder, to the use of my heirs. Provided (1), that the sums raiseable under the said five hundred years term (other than arrears interest and expenses), shall be raised by mortgage with power of sale j and that the arrears and expenses raiseable under the said term and the said 1000 years term, shall be raised in the first instance out of the clear rents and profits of the said premises, and in default (a) The limitations in favour of C. and his issue will be here repeated verbatim in favour of each other son of the testator living at the date of his will and his WILLS. 179 thereof, by mortgage with power of sale, the sm'plus rents and profits under the said terms being paid to the next reversioner, and the same terms determining when there shall be no actual or possible trust thereof subsisting. (2) That during the minority of eveiy tenant for life or tenant in tail male by purchase, who (but for this proviso), would be entitled in possession, the said , and the survivors and survivor of them, his executors or administrators or their or his assigns, shall enter upon, manage and receive the rents and profits of the premises, with power dm'ing such management to exercise all acts of ownership, and particularly to determine and accept surrenders of tenancies, to fell wood (including underwood) for sale, use, improve- ment of lands or other wood or ornament, to drain lands, to insure buildings against fire, and (either for the permanent benefit of the said premises or as a source of profit), to execute any works which might be executed by lessees under the subsequent powers ; the rents and profits of the premises dm'ing such management, after defraying all expenses thereof, being applied (after keeping down mortgage interest and annual charges) for the minor's maintenance and educa- tion, to such amount as the said trustees or trustee shall think fit (and so that payment to a guardian shall be deemed such application, and the residue (as well as the monies realized from investments under this clause) either applied as mortgage monies raised under the subsequent power, or invested and accmnulated in or upon any stocks, funds, shares or securities, not being Irish or foreign, or the personal secm*ity of any person, and so that my said trustees or trustee may either realize such investments and accumidations, or retain the same, In trust for the person during Avhose minority the same shall have ai'isen, provided he shall attain twenty-one yeai's, otherwise Upon the trusts and subject to the clauses and provisoes herein expressed concerning the sale monies arising under the subsequent power. (3) That the several estates hereinbefore limited (including every such entry, possession, management and perception of profits as hereinbefore mentioned), shall be without impeachment of Maste. (4.) That so much of the respec- tive portion sums charged under the said 1000 years term as shall not ultimately become subject to be called in nndcr the trusts thereof; And also (in case the aggi'Cgatc of any portion s\nn charged and subject to be called in under the said 1000 years term, and of monies .\ 2 180 AV1LL.S. fictujill}' raised in respect of the same portion sum under the said 500 j^cars terra, shall (after deducting tlierefrom all amounts subject in respect of the same portion sum to the operation of the next clause), exceed the total amount chargeable in any event in respect of the same portion sum under the said 1000 years term, then and in such case) so much of the same portion sum as shall equal the excess afore- said ; And also so much of the portion sum or share of a portion sum to which each child or other issue of mine who shall attain a vested interest viiidcr the subsequent trusts would (but for this clause) become entitled, as shall equal the total amount raised for such child under the said 500 years terra, Shall be held, Upon the trusts, and subject to the clauses and provisoes hereinafter expressed concerning the sale raonies arising under the subsequent power, and so that the interest (or yearly sura payable in lieu thereof) or other the income of all amounts falling under the operation of this proviso (or which, if for the time being charged or subject to be called in under the said 1000 years term, would fall under the operation thereof), shall be held upon the trusts, and subject to the clauses and provisoes hereinafter expressed concerning the income of the invested sale monies aforesaid. (5) That (subject always to the operation of the last foregoing proviso) the said X. and Y., and the sm'vivor of them, his executors or administrators, shall hold the portion sums charged under the said lUOO years term, and all securities and interest (or yearly sum in lieu of interest) for the same. Upon trust that they or he shall either retain or realize the same portion sums (so far as the same shall for the time being be subject to be called in), and the other investments under this proviso, and invest the monies realized in or upon any stocks, funds, shares or securities, not being Irish or foreign, or the personal security of any person ; and shall hold the same premises. As to so much thereof as shall represent the said portion sum of .€30,000 (or the amount ultimately subject to be called in respect thereof), and all investments and income thereof, In trust for my children equally, or child, if but one, who shall be living at or born after my death, or be then dead, leaving issue then living, and who shall (either before or after the said portion sum of €30,000 shall become charged) attain twenty- one years, excepting any children or child who or whose issue shall, before such portion sum sliall become charged, become WILLS. 1 8 1 entitled in possession to an estate for life or in tail male ; And as to so much thereof as shall represent each portion sum appointed under the said 1000 years term by a tenant for life in possession (or the amount ultimately suliject to be called in respect thereof), In trust fur the children equally, or child, if but one, of such tenant for life mIiu shall (either before or after the same portion sum shall become charged) attain twenty-one years, excepting any children or child who or whose issue shall (before such portion sum shall become charged) become entitled in possession to an estate for life or in tail male : It being further my will that (subject always to the operation of the last foregoing proviso) the said X. and Y., and the survivor of them, his executors or administrators, may raise and apply for any minor's benefit half or less of his or her interest vuider the trust, and apply the income (including such interest or yearly sum in lieu thereof as aforesaid) of his or her interest for his or her maintenance or education (payment to a guardian being deemed such application), accumulating any surplus upon the trusts, and with the powers of the principal from which the same proceeded, or the income thereof. (6) That the maximum payable quarterly in respect of the rent-charges appointed under the foregoing powers shall be £ , the excess over which of the quarterly total for the time being of rent-charges so appointed shall not be raised or deemed to bo subsisting within the meaning of my will, the loss being borne by the rent-charge so appointed according to priority of interest in the person exercising the power. (7) That if at any time the aggregate of portion sums, or parts of portion sums charged and subject to be called in under the said 1000 years term, and of monies actually raised in respect of portions under the said 500 years term, shall (after deducting therefrom all sums then actually subject, under the foregoing provisoes, to be held upon the trusts hereinafter expressed concerning the sale monies arising midcr the sul)scquent power) amount to £50,000 ; then and in such case no further portion sum, or part of a portion sum, shall be charged, nor any monies raised in respect thereof under the said 1000 years' term and 500 years' term respectively, the loss being borne exclusively by the portion sums or parts of portion sums becoming subject to the operation of this proviso. 182 WILLS. 3. During the life of every tenant for life in possession^ "svho shall be of full age, and also during such management as aforesaid, the said , and the survivors and survivor of them, his executors or administrators, or their or his assigns, may raise money for any purposes herein expressed concerning my real or personal estate (excepting the purchase of land) by mortgages with power of sale of the said premises (no mortgagee of which shall be bound to see that the money raised was required for any such purpose), and may also sell the premises, or concur with the owners of other undivided shares therein in partitioning the same, or exchange the same for other here- ditaments, with the discretion of absolute owners as to the conditions, mode and time of sales, partitions and exchanges, and with power to execute and rescind agreements for sales, partitions and exchanges, to buy in and resell the premises, to receive and pay money for equality of partition or exchange, and to effectuate every exercise of these powers by revoking by any deed or deeds, the uses, trusts, clauses and provisoes herein expressed concerning the same premises (without prejudice to subsisting mortgages and leases), and by the same or any other deed or deeds appointing the said premises to such uses, upon such trusts, and subject to such clauses and provisoes as shall be required; It being my will (1) That the monies arising under these powers (other than the powers of mortgaging) shall be disposed of in the purchase of freehold estates of inheritance (to be settled to the uses upon the trusts and subject to the clauses and provisoes subsisting in respect of my real estate limited in use) or leaseholds for lives or years which shall be vested in the said trustees or trustee, their executors, administrators and assigns, upon the trusts and subject to the clauses and provisoes herein expressed, and for the time being subsisting in respect of the leasehold premises hereinafter devised. (2) That until such disposition the monies arising as aforesaid, or reahzed from investments under this trust, shall either be applied as mortgage monies arising under this power (or in paying off charges on the premises), or else invested in or upon any stocks, funds, shares or securities, not being Irish or foreign, or the personal security of any person, and so that my said trustees or trustee may either retain or realize every such investment, applying the income thereof as if the same had been the profits of purchased hereditaments. (3) That WILLS. 183 during the life of every teuaiit for life iu possession, who sliall be of full age, no mortgage, sale, partition or exchange, shall be vahd unless he shall execute the deed (or one of the deeds) by which the same is effectuated, nor shall any disposition, application, investment, or realizing the investments of the monies (including mortgage monies) arising under this power be made during his lifetime without his written consent. (4) That the application of mortgage monies raised under this power in renewals of leaseholds for Hves or years, now or hereafter subject to my will, shall not be deemed a purchase of land within the foregoing exception in reference to such mortgage monies, nor shall such application or the repayment under the foregoing clause of mortgage monies raised for that pm'pose vary the respective amounts in which the beneficial owners of the said premises arc liable to contribute to such renewals. 4. Every tenant for life in possession {the rest as in clause 2 of (G8) ; (41)). 5. I devise and bequeath my leaseholds for lives or years, and all other my personal estate not hereby otherwise disposed of unto and to the use of the said , their executors, administrators and assigns ; As to my leasehold premises during the lives and life, terms or term for which the same are respectively holden, and upon trust that the said , and the surAivors and survivor of them, his executors or administrators, or their or his assigns, shall discharge the lessee's liabilities under the respective leases and grants thereof out of the rents and profits, and shall renew the leases or grants ordinarily renewable of the same premises, defraying the fines and expenses of renewal out of the premises benefited, and so as to tlu'ow the same on the respective beneficial OAvners according to the proportions observed by Courts of equity ; And as to all effects in or about my said mansion house at , and] the outbuildings, stables, grounds and gardens thereof, (subject to the foregoing direction in respect thereof) and also (subject to the trusts hereinbefore contained) as to my leasehold premises. Upon such trusts and subject to such clauses and provisoes as will (without multiplying charges) correspond to the uses, trusts, clauses and provisoes herein expressed coiieeniing my real estate limited iu use so far as the rules of law and tiiuity will permit (but so that my leaseholds for years, ami ni} >aid heriinlK-fon" 184 WILLS. specifically bequeathed eflPects shall not vest absolutely in any tenant in tail male by purchase, not attaining twenty-one years ; and that an inventory shall be made of my said last mentioned effects, and a copy thereof signed by the usufructuary for the time being, and retained by my said trustees or trustee) ; And as to all other my personal estate hereinbefore bequeathed. Upon trust to realize the same and hold the monies realized, with my ready money (after satisfaction of ray funeral and testamentary expenses, debts and legacies) Upon the trusts and subject to the clauses and provisoes herein expressed concerning the sale monies arising under the preceding power (63). 7. Provided also (1), that the trustee's receipts shall discharge persons paying purchase mortgage or other money, or transferring trust property from liability in regard to the application thereof. (2) That every tenant for life in possession during his life, and when there shall be no such tenant for life, the survi\iug or continuing trustees or trustee (or the executors or administrators of the last surviving or continuing trustee) of the same premises, may appoint one or more persons in the place and with the powers of every original or future trustee who shall retire or be abroad, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied either at the same time or several times and in any order (and so that any one or more may be left unsupplied), and (if occasioned by the death of an original trustee or trustees) whether such death shall precede mine or not, and every refusing or retiring trustee shall be deemed continuing for the purpose of supplying (if willing) his own or any other then subsisting vacancy. (3) That no ti^ustee shall be responsible for omitting to renew any lease or grant of my leasehold premises, nor for any loss or diminution of value of my effects specifically bequeathed in trust. (4) That every trustee and executor of my will who shall be a solicitor or attorney [including the said ], shall be entitled to the same professional remuneration as if he had not been such trustee or executor. In witness, &c. WILLS. 185 No. 136. Codicil Appointing a Trustee and Executor in the j^lace of one Deceased (a). I, A. B., of, &c., declare this to be a codicil to my will, dated, &c. 1. I appoint C. D. of , trustee and executor of my said will, ill the place of X. Y. deceased, my said will being read as if the name of the said C. D. had been there substituted throughout instead of the name of the said X. Y. [3. [b). I bequeath to the said C. D., provided he shall act as trustee and executor of my said will, the legacy of thereby bequeathed to the said X. Y.] 3. In all other respects I confirm my said will. In witness, &c. Sect. 3. APPOINTMENTS UNDER POWERS. (Precedents 137 to 154). I. APPOINTMENTS UNDER GENERAL POWERS (c). No. 137. Will of a Married Woman appointing an absolute Interest (d) in Personalty to her Husband {ivith legacies to other persons) tinder the usual Settlement Power, in default o/ Children. I, , the wife of (A. B.), formerly , spinster), in exercise of (a) Excepting for tlie simjilcst purposes (such as that in the text, the bequest of additional legacies, &c.) it is always better to malce a new will, and the conciseness of the present forms would obviate the only objection to doing so. (i) If the will had contained a legacy to the deceased trustee ns such, it should be repeated in this form. (c) For appointments of real estate under the usual limitations in bar of dowor and liiuitations created I>y a disentailing ilecd, see Tart II. Proc. Nos. 10 and '21. (d) The life estate to the husband, if he survives, will generally be f;iven liy the settlement itself 186 APPOINTMENTS UNDER POWERS. my power under my marriage settlement (dated, &c.) with the said A. B.J revoke my previous testamentary dispositions, and declare my Avill to be as follows : — 1 . In exercise of my said power I appoint that (on failure of the trusts of the said settlement preceding the trust for me if I should survive my said husband, otherwise for such person or persons as I should by will or codicil appoint), the premises comprised in the settlement shall be held (after paying my funeral and testamentary expenses and debts) ; As to £ , in trust for L. M. ; as to £ , in trust for N. O. ; And as to the residue thereof, in trust for my said husband. 2. I appoint the trustees or trustee of the said settlement at my death executors or executor of my will. In witness, &c. No. 138. Appointment on Marriage of a present sum to the Appointor, a7id a present Sum and Life Estate to her intended Husband, reserving a Power of New Appointment to the Husband and Wife. THIS INDENTURE, &c., between (husband) of the first part, {intended wife) of the second part, and and of the third part, witnesseth as follows : — Pursuant to the arrangements on a treaty for marriage between the said H. and W., the said W., in exercise of her power under the will (dated, &c.) of X. Y., and with the consent hereby testified of the said H-., appoints that the said , and the survivor of them, his executors or administrators, or their or his assigns, shall hold the trust premises comprised in the said will; As to £' , in timst for the said W., for her separate use; As to £ , in trust for the said H. ; And as to the residue thereof. Upon such trusts and subject to such clauses and provisoes as the said H. and W. shall by deed appoint, and so far as the same shall be unappointed. Upon the trusts and subject to the clauses and proAisoes in the said will expressed, excepting that (in case the said marriage shall take effect) the said APPOINTMENTS UNDER POWERS. 187 trustees or trustee shall, after the death of the said W ., pay the iucome thereof to the said C. D. (if he shall survive her) during his life. In witness, &c. II. APPOINTMENTS UNDER PAETICFLAR POWERS. a. Appointments of a Limited Interest. No. 139. Appointment on Marriage of a Reversionary Life Estate in Personalty to an intended Husband. I, (A. B.), of , spinster, in exercise of my power under the will (dated, &c.) of X. Y., appoint that (in case an intended marriage between me and C. D., of , shall take effect) the trustees or trustee of the said will shall, after my death, pay the income of the trust premises therein comprised to the said CD., (if he shall survive me) dui'ing his life. In mtness, &c. No. 140. Will of a Married Woman appointing a LiFii Estatl- /// Personalty to a Husband. I^ , the wife of (A. B.), (formerly , spinster), in exercise of my power under the will (dated, &c.) of X. Y., appoint that the trustees or trustee of the said will shall pay the income of the trust premises to my said husband (if he shall survive mo) duriug his life-. In witness, &c. 188 APPOINTMENTS UNDER POWERS. No. 141. Appointment on Marriage of a Reversionary Life Estate in Personalty to an intended Wife. 1, (A. B.), in exercise of my power under the will (dated, &c.) of X. Y., appoint that (in case an intended marriage between me and , of , spinster, shall take effect) the trustees or trustee of the said will shall, after my death, pay the income of the trust premises therein comprised to the said , (if she shall survive me) during her life. In witness, &c. No. 142. Will of Husband appoiiiting a Life Estate in Personalty to Wife. I, A. B., &c., revoke my previous testamentary dispositions, and declare my will to be as follows : — 1. In exercise of my power under the will (dated, &c.) of X. Y., I appoint that the trustees or trustee of the said will shall pay the income of the trust premises therein comprised to my wife, (if she shall survive me) during her life. 2. I bequeath {bequests, powers, and appointment of executors, as in other wills.) In witness, &c. No. 143. Appointment by Deed {a) {either before or after marriage) of a Jointure Rent-charge to an after taken Wife. I, (A. B.), in exercise of my power under the marriage settlement (rt) The examples in this and the succeeding Precedents of appointments are confined to appointments by deed only ; those by n-ill will be easily framed from the preceding forms. APPOINTMEXTS UNDER TOWERS. 189 (dated, &c.) of myself and my late Avifc , deceased (formerly spinster), appoint that (a) [in case an intended marriage between mc and C. D. of , spinster, shall take effect] the grant of the premises comprised in the first schednle thereto shall, after my death (and subject to the uses subsisting under the said settlement in priority to the use thereby limited to me during my life) enure to the use that (a) [the said] C. D., if she shall survive me, may receive during her life, in bar of all dower and freebench, a yearly rent-charge of '€ :. payable by equal quarterly payments, commencing at the end of three calendar months from ray death, and may recover all arrears thereof (exceeding forty days arrears), and all expenses of recovery, by entry and possession or perception of the rents and profits of the premises. In witness, &c. No. 144. Appointment by Deed (before or after marriage) by Tknant/o/- Life in possession under a Will, of a Jointure lliiNT-cnAiiGK to a Wife. I, (A. B.), in exercise of mypowcr under the will (dated, &c.) of X.Y.), as tenant for life in possession of the real estate thereby limited in use, appoint that (6) [in case an intended marriage between me and C. D. of spinster, shall take effect] the said real estate sliall, after my death, and subject to the subsisting limitations under the said will (or any appointment or appointments by virtue thereof), which precede the limitation under which I am entitled as such tenant for life as aforesaid (l)ut in priority to any portion sum and interest, or yearly sum in lieu thereof, now or hereafter appointed by me under the 1000 years term limited by the said will) remain, to the use that (b) [the said] C. D. may, if she shall sm'vivc me, receive (d) If the appointment is after marriage, omit tliesc words ; also for the words in braekets below, substitute the words " my jjn-sent wife." (h) If the appointment is nftc?- marriage, the same variations will be reipiiretl as in the last Precedent. 190 APPOINTMENTS UNDER POWERS. during her life a rent-charge of £ , payable by equal quarterly payments, eommcncing at the end of throe calendar months from my death, and may recover all arrears thereof (exceeding forty days arrears), and all expenses of recovery by entry and possession or perception of rents and profits of the premises. In witness, &c. h. APPOINTMENTS OP AN ABSOLUTE INTEEEST. No. 145. (a) Appointment by Deed by Husband awe? Wife {under a Per- sonal Settlement) of the Whole Trust Property, among all Children, in Unequal Shares. We, A. B. and , his wife (formerly , spinster), in exercise of our power under our marriage settlement (dated, &c.), appoint that the trust premises therein comprised (and which are specified accord- ing to their present investments in the schedule hereto) shall, after the death of the survivor of us, be held, As to .£1000 in trust for C. D., one of the children of the said marriage ; As to .£5000 in trust for E. F. and G. H. (two others of such children) equally; And as to the residue, in trust for X. Y., the only other child now living of the said marriage. In witness, &c. (a) No Precedent is given of an illusory appointment (which is now valid by statute), as the forms of the present woi'k do not necessitate such ; but it would be easily framed from this Precedent by making the sum payable to the children whom it is wished to exclude, one of merely nominal amount. APPOINTMENTS UNDER POWERS. ]91 No. 146. Appointment hy Deed by Husband surviving {under a Personal Settlement) of the whole Trust Property equally among all Children hut one, reserving a Power o/New Appointment. I (A. B.), in exercise of my power under my marriage settlement (elated^ &c.) with , deceased, formerly , spinster, appoint that £ , now representing the trust premises therein comprised and secured by a mortgage (dated &c., and expressed to be made between &c.) shall after my death be held in trust for such children and child of the said marriage, and in such manner as I shall by deed, will, or codicil appoint ; and so far as the same shall be unappointcd, in trust in equal shares for C. D., E. F. and G. H., who (with X. Y.) are tlic only children born (a) of the said marriage. In witness, &c. No. 147. Appointment by Deed by a Married Woman (?<«r/t'/- a Powku in a Will) of the whole Trust Property among all Children, giving specific parts of the Property to the respective Ciiildukn. T, A. B., the wife of (formerly spinster), in exercise of my power under the will (dated, &c.) of X. Y., appoint that the trust premises therein comprised (and which arc specified accordiug to their l)resent investments in the schedule hereto) shall, after my dcatli, be held ; As to £ j63 per cent. Consolidated Bank Annuities in trust for my son C. D. ; As to the mortgage debt of .C mentioned in tlie schedule, in trust for my son E. E. ; And as to the mortgage debt of M therein mentioned, in trust in equal shares for my daughters L. M. and N. O., who are my only other children now bving. In witness, &c. () Some forms of disentailing assurances on sales will be found in Part II. The disentailing deeds in this Part should all be executed by the grantee to uses. DISENTAILING ASSURANCES. 107 said and his heirs, all hereditaments of or to wliich the said A. B. is now seised or entitled for any estate tail, Avith their legal or usual appurtenances, to the use of the said A. B. and his heirs. In witness, &c. No. 15G. Disentailing Deed ivith Protector's Consent, and Limitation to the Joint Appointment (a) of the Tenant for Life and Tenant in Tail, keeping the Life Estate on foot. THIS INDENTURE, &c., between (A. B.) of the first part (C. D.) (eldest son of the said A. B.) of the second part, and of the third part, witnesseth as follows : — 1. The said C. D. (with the consent hereby testified of the said A. B. as protector of the aftermcntioned settlement), grants unto the said and his heirs the hereditaments by the will (dated, &c.,) of X. Y. limited (subject to certain preceding interests), to the use of the said A. B. during his life without impeachment of waste, with remainder to the use of his first and other sons successively in tail male, with their legal or usual appurtenances ; Subject nevertheless to the estates and powers subsisting under the said will in priority to the estate tail of the said CD. 2. The foregoing grant shall cnui'c, to such uses as the said A. B. and C. D. shall by deed appoint, and so far as the same sludl be unappointed, to the use of the said C D. and his heirs. In witness, &c. (a) This is the most convenient form where a resettlement is intended ; any portions of the property which it is desired to sell being excepted from the resettle- ment. 198 DISENTAILING ASSURANCES. No. 157. Disentailing Deed with Protector's Consent, and Limitation to the Joint Appointment of the Tenant Jor Life and Tenant in Tail, the Life Estate being merged. THIS INDENTURE, &c., between (A. B.) of tlie first part (C D.) (eldest son of the said A. B.), of the second part, and of the third part, witnesseth as follows : — 1. The said A. B. in respect of his aftermentioned hfe estate grants, and the said CD. (with the consent hereby testified of the said A. B. as protector of the aftermentioned settlement), grants unto the said and his heirs, the hereditaments by the will (dated, &c.,) of X. Y., hmited to the use of the said A. B. during his life, with remainder to the use of his first and other sons successively in tail male, with their legal or usual appurtenances. 2. The foregoing grant shall enure, to such uses as the said A. B. and C. D. shall by deed appoint, and, so far as the same shall be uuappointed, to the uses upon the trusts and subject to the provisoes and clauses immediately before the execution hereof subsisting under the said will in respect of the real estate thereby limited in use. In witness, &c. No. 158. Disentailing Deed o/ Estates comprised in a Specific Entail where there is 710 Protector. THIS INDENTURE, &c., between (C. D.) of the one part, and — of the other part, witnesseth as follows : — 1. The said C. D. grants unto the said and his heirs, the hereditaments by the will (dated, &c.,) of X. Y., limited to the use of A. B., now deceased, during his life, with remainder to the use of his first and other sons successively in tail male (and now vested in posses- DISENTAILING ASSUR.VNCES. 190 sion ill the said C D. as his eldest sou), with their legal or usual appurtenances. 2. The foregoing- grant shall enure to the use of the said C. D. and his heirs. In witness, &c. No. 159. Disentailing Dsiid of Stcck with PaoTECTor.^G Consent. THIS INDENTURE, &c., between (A. B.) of the first part (C. D.) (the eldest son of the said A. B.), of the second part, and , of the third part, witnesseth as follows : — 1. The said A. B. in respect of his aftermentioned life estate assigns, and the said C. D. (with the consent hereby testified of tlic said A. B. as protector of the aftermentioned settlement), assigns unto the said , his executors and administrators, £ £3 per cent. Consolidated Bank Annuities standing in the names of L. ]M. and N. O., and representing the clear sale monies of certain hereditaments at , in shu'e, by the will (dated, &c.,) of X. Y., limited to the use of the said A. B. during his life, (with remainder to the use of his first and other sons successively in tail male,) and recently sold by the said L. M. and N. O., as trustees of the said will. 2. The said Bank Amiuities shall be held in trust for the said A. B. and C. D. equally as personal estate. In witness, &c. No. IGO. Disentailing Deed of an Undivided Shauk 0// a Mauried Woman (a). THIS INDENTURE, &c., between (A. B.) and (C D.) his ^^^(e, («) The deed must be acknowledged in the same way as any other assurance oJ land by a married woman. 200 DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. (formerly , spinster), of the one part, and , of the other part, witnesseth as follows : — 1. The said A. B. grants, and the said CD. (with his concurrence hereby testified), grants and disposes of unto the said and his heirs, the undivided third share to which the said C. D. is now (as one of the three daughters of X. Y. deceased, and on failure of issue male of A. B. deceased) entitled in possession of and in the hereditaments by the will (dated, &c.,) of the said X. Y., limited to the use of the said A. B. during his life, with remainder to his first and other sons succes- sively in tail male, with remainder to the daughters of the said X. Y. as tenants in common in tail, with their legal or usual appurtenances, 2. The foregoing grant shall enure to the use of the said A. B. and his heirs. In witness, &c. Sect. 5. DISCLAIMERS AND APPOINTMENTS OF TRUSTEES, WITH TRANSFERS OF TRUST PROPERTY. (Precedents 161 to 184). I. DISCLAIMERS. No. 161. Disclaimer under a Settlement. (By Indorsement). These presents witness that I, the within named (A. B.), have never acted in the trusts and powers of the within wi'itten Indentiu'c, and that I disclaim all such trusts and powers, and all estate and interest in the premises therein comprised. In witness, &c. DISCLAIMERS A^^D APrOIXTMENTS OF TRUSTEES. 201 No. 162. Disclaimer under a Will. These presents witness that I (A. B.) have renounced proliate of the will (dated, &c.) of X. Y., and have never acted in the trusts or powers thereof: And that I disclaim all such trusts and powers, and all estates and interests by the said will de\dsed and bequcatlicd, and the guardianship of the testator^s children. In witness, &c. II. APPOINTMENTS OF TEUSTEES AND TRANSFERS OF THE TRUST PROPERTY (EXCLUSIYELY OF MORT- GAGES {a) ). No. 163. Appointment {by writing (b) indorsed on the deed) of a New Trustee of a Settlement of Stock in the place of one Deceased. We, the within named (A. B.), and (C. D.) his wife (formerly , spinster), in exercise of our power under the within written Indenture appoint (O. P.) trustee thereof in the place and with the powers of the within named (E. F.) who died in the month of . (Signed) A. B. C. D, (a) The forms for transferring these will be found in Precedents No. 175 to 184. If transferred by the deed appointing new trustees, the settlement would be brought on the mortgagor's title, and he might (at the least) require a covenant for its production. In many cases the securities might be safely left outstanding in the old trustees, a power for which is given in the present forms. (Sec (42), (62), &c. It will be observed that several of the appointments for which Precedents arc here given would not be authorized by the forms in ordin.iry use. (I)) This form may be used whenever the trust funds consist of stock, shares or other property transferable otherwise than by assignment. 202 DISCLAIMERS AND APrOINTMENTS OF TRUSTEES. No. 164. Memorandum of the Transfer of the Stock referred to in the 'preceding Precedent {to he indorsed on the Settlement). MEMORANDUM, that the within settled sum of £ , £'& per cent. Bank Annuities was this day of transferred into our names. (Signed) M. N. (surviving trustee). O. P. No. 165. Appointment by Deed by Husband Surviving {under a personal settlement) of two Trustees in the 2}lace of tivo deceased {by indorsement). Assignment of the Trust Funds by the Executor of the Survivor. THIS INDENTURE, &c., between the witliin named (A. B.) of the first part (X. Y.) of the second part, and (M. N.) and (O. P.) of the third part, witnesseth as follows : — 1. The said A. B,, in exercise of his power under the within written Indenture, as the survivor of himself and his late wife (formerly the within named , spinster), appoints the said M. N. and O. P. trustees of the within written Indentm'e in the place and with the powers respectively of the within named (C. D.), who died in the month of , and the within named (E. F.) (o) who died in the month of . 2. The said X. Y. assigns unto the said M. N. and O. P., theii* executors and administrators, the bond debt and premises settled {b) by the within written Indenture, and now vested in the said X. Y. as surviving executor of the will (dated, &c.) of the said E. F. (with (fl) The last deceased of the two trustees. (Jj) The form for the transfer of other descriptions of personal property will be found in the next Precedent. DISCLAIMERS AND APrOINTMEXTS OF TRUSTEES. 203 power for the said M. N. and O. P., and the survivor of them, liis executors or administrators, and their and his assigns, and their and his substitutes and substitute, in the name of the said X. Y., or his executors to recover, receive and give receipts for the same premises) ; Neverthe- less, Upon the trusts and subject to the clauses and provisoes subsisting under the within written Indenture (1). In witness, &c. No. 166. Appointment by Husband and Wife of two Trustees {in the f)lace of one deceased) of a Personal Settlement, comprising Stock, legal and equitable Ciioses i7i Action, and Mortgage Securities, the latter transferred by a separate Instrument. {By Indorsement). THIS INDENTURE, &c. between the within named (A. B.) and — his wife (formerly , spinster,) of the first part, the within named (C. D.) of the second part, (M. N.) and (O. P.) of the third part, and X. Y. of the foiurth part, witnesseth as follows : — 1. The said A. B. and , in exercise of their power under tlic witliin mentioned Indenture, appoint the said M. N. and O. P. trustees thereof in the place and Avith the powers of the within named E. F., who died in the month of . 2. The said CD. assigns unto the said X. Y., his executors and administrators, such of the premises mentioned in tlie schedule hereto (and now composing the within settled trust premises) as are specified in the two first parts {a) of the schedule, (with power for tlic said X. Y., his executors, administrators and assigns, and his and their substitute or substitutes, in the name of the said C. 1)., his executors and administrators, to recover, receive and give receipts for tlie premises specified in the first part) ; Nevertheless as to all the premises hereby assigned. Upon trust forthwith to reassign the same to the said C. D., M. N. and O. P., their executors and administrators, upon the (a) The first part will comprise the legal cboscs iu action (othor than mortgnpc debts) ; the scooud, the equitable clioscs in action. Few settlements, of course, comprise all the varieties here given. 204 DISCLAIMERS AND APrOIXTMENTS OF TRUSTEES. trusts and subject to the clauses and provisoes subsisting under the within written Indenture (1) (a). 4. It is agreed that the mortgage debts and premises specified in the third part of the said schedule shall be vested in the said C. D., M. N. and O. P., by separate instruments, and that the Bank Annuities, shares and premises specified in the fourth part of the schedule, shall be forthwith transferred into their names ; and that the said CD., M. N. and O. P., their executors, administrators and assigns, shall hold the premises so vested and transferred, Upon the trusts and subject to the clauses and provisoes subsisting under the within written Indenture. In witness, &c. The Schedule, &c. 1st Part. (1) Policy for £ on the life of the said A. B. in the office (dated ) numbered . (2) £ secured by the bond (dated, &c.) of — — . (3) £ per annum during the life of , secured by liis bond dated . (4) £ secured by the covenant in the within written Indenture of the within named . 2nd Part. (1) Sale monies of real estate at , in shire, devised in trust for sale by the will, dated, &c. of (G. H. and I. K. present trustees of the will.) (2) £ £3 per cent. Consolidated Bank Annuities in the name of G. H. and I. K. subject to the life interest of under the last mentioned will. 3rd Part. £ secured with interest at £ per cent, on freehold here- ditaments at , in shire, by mortgage (dated, &c.) from to . c€ scciu'cd with interest at £ per cent, on leasehold (o) Covenant by C. D. witli X, Y. DISCLAIMERS AND APPOIXTMEXTS OF TUVSTEES. 205 premises (No. , and in ) by mortgage (dated, &c.) Tom to . 4th Part. £ £S per cent. Consolidated Bank Annuities, Imperial Life Shares. No. 167. Reassignment b?/ the Provisional Trustee under the preccd'uig Indenture {by Indorsement on the Settlement). THIS INDENTURE, &c. between the above named (X. Y.) of the one part, and the above named (C. D.) (M. N.) and (O. P.) of the other part, witnesseth as follows : — The said X. Y., in execution of the trust reposed in him by the above written Indentiu-e, assigns to the said C. D., 'SI. N. and O. P., their executors and administrators, the premises thereby assigned to the said X. Y. (with power for the said C. D., M. N. and O. P., and tlie survivors and survivor of them, his executors or administrators, or thcii' or his assigns, as the substitutes or substitute for the said X. Y., to recover, receive and give receipts for the premises specified in the first part of the schedule to the above written Indenture) ; Nevertheless as to all the premises hereby assigned. Upon the trusts and subject to the clauses and provisoes subsisting under the witliin written Indenture. In Avitness, &c. No. 1G8. Appointment {by Husband), under a Real Settlement, of a Trustee in the j)lace of one of the General Trustees nf the Settlement, deceased, and another in the place of a Trustee of a Term who retires, the vacancy of a deceased Trustee of the Term 7iot being filled up. {liy Indorsement). THIS INDENTURE, &c. between the within named (A. U.) of the 206 DISCLAIMERS AND APPOINTMEXTS OF TRUSTEES. 1st part, the within named (C. D.) of the 2nd part, the within named (G. H.) of the 3rd part, (M. N.) of the 4th part, (O. P.) of the 5th part, and (X. Y.) of the 6th part, witnesseth as follows : — 1. The said A. B. in exercise of his power under the within •v\Titten Indenture appoints the said M. N. a trustee thereof in the place and with the powers of the within named (E. F.) deceased, and the said O. P. a trustee of the within limited term of 500 years in the place and with the powers of the said G. H. who desires to retire from the trust. 2. The said C. D. grants and assigns unto the said X. Y., his execu- tors and administrators the premises described in the three schedules to the Avithin written Indenture (a) ; As to the Istly scheduled premises, dming the subsisting residue of the within limited term of 1000 years ; As to the 2ndly scheduled premises, To the use of the said X. Y. his executors and administrators for the lives and life for which the same are now (under the Indentures of grant or lease mentioned in the same schedule and by mesne assignments and operations in the law and ultimately by the death on the day of of the said E. E.) vested in the said CD.; And as to the 3rdly scheduled premises, during the subsisting residue of the terms respectively created by the leases mentioned in the same schedule and now by mesne assignments and operations in the law and ultimately by the death of the said E. F. vested in the said CD.; And as to all the premises. Upon trust forth- with to reassure the same to the said C D. and M. N., their executors and administrators during the respective lives and life and terms for which the same are respectively hereby vested in the said X. Y., never- theless. Upon the trusts and subject to the clauses and pro^-isoes subsisting concerning the same by \irtue of the within written Indenture. 3. The said G. H. assigns unto the said O. P. the premises described in the 1st schedule to the within written Indentm-e, dm-ing the sub- sisting residue of the term of 500 years created by the same Indenture (and now by the death on the day of of the within named I. K. solely vested in the said G. H.), Upon the tmsts and («) If the settlement had comprised personalty, it would of course have been included in this assignment. DISCLAIMERS A^^D APPOINTMENTS OF TRUSTEES. 207 subject to the clauses and provisoes subsisting concerning the same under the Avithin written Indenture (1), (1). (a) In witness, &c. No. 1G9. Reassignment by the Provisional Trustee under the Preceding Indenture {bi/ Indorsement on the Settlement). THIS INDENTURE, &c., between the above named (X. Y.) of the one part, and the above named (C. D.) and (M. N.) of the other part, witnesseth That the said X. Y. in execution of the trust reposed in hira by the above written Indenture grants and assigns unto and to the use of the said C. D. and M. N. their executors, administrators and assigns the premises by the above written Indentm^e granted and assigned to the said X. Y. during the respective Uvcs and hfe and terms for which the same are respectively thereby vested in the said X. Y. ; Nevertheless, Upon the trusts and subject to the clauses and provisoes subsisting concerning the same respective premises by virtue of the within written Indenture. In witness, &c. No. 170. Appointment by a Married Woman {under a power in a will of Personalty) of a New Trustee in the place of one Deceased, and Another in the place of one Retiring. THIS INDENTURE, &c., between (C. D.) the wife of (A. B.) (formerly spinster) of the 1st part, (G. H.) of the 2nd part, and (M. N.) and (O. P.) of the 3rd part, witnesseth as follows : — 1. The said C. D. in exercise of her power luidcr the will (dated &c.) of appoints the said M. N. and O. P. trustees tlicrcof in the place and with the powers respectively of E. F., who died on the (o) Covenants by C. D. wilb X, Y., and by (i. H. with O. V. 208 DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. (lay of and of the said G. H. who desires to retire from the trust. 2. The said G. H. assigns unto the said M. N. and O. P., their executors and administrators, such of the premises mentioned hi the schedule hereto (and now composing the residuary personal estate of the said testator bequeathed in trust by the said will) as are specified in the two (a) first parts of the schedule, with power for the said M. N. and O. P. and the survivor of them, his executors or administrators or their or his assigns and their or his substitutes and substitute in the name of the said G. H., his executors and administrators to recover, receive and give receipts for the premises specified in the 1st part of the schedule; Nevertheless as to all the premises hereby assigned, Upon the trusts and subject to the clauses and provisoes subsisting under the said will. 3. It is agreed that the (6) [mortgage debts and premises specified in the 3rd part of the said schedule shall be vested in the said M.N. and O. P. by separate instruments and that the] Bank Annuities, shares and premises specified in the 4th part of the schedule shall be fortliAvith transferred into theii' names ; And that the said M.N. and O. P., their executors, administrators and assigns shall hold the premises so vested and transferred. Upon the trusts and subject to the clauses and pro\dsoes subsisting under the said wall. 4. The said G. H. grants and assigns unto and to the use of the said M. N. and O. P., their heirs, executors and administrators the trust and mortgage estates of this said testator devised and bequeathed by his said will, subject to the equities subsisting therein (1). In witness, &c. (a) See note (a) and schedule to Precedent No. 166. Any mortgage debts held by the testator himself (with the interest and securities) should be included in this schedule. (b) If the trust property comprises no mortgage debts excepting those held by the testator himself (which are assigned by clause 4) the words in brackets will be unnecessary. DISCLAIMERS AND APPOINTMEXTS OF TRUSTEES. 209 No. 171 (a). Appointment by a Surviving Trustee {under a Settlement of Personalty) of a Trustee in the place of one Deceased {By indorsement). THIS INDENTURE, &c., between the within named (E. F.) of the 1st part, (M. N.) of the 2nd part, and (X. Y.) of the 3rd part, witnesseth as follows : — 1. The within named (A. B.) having survived his wife C. D. (formerly the within named spinster) and died on the day of , the said Jl. F. in exercise of his power under the witliin written Indenture appoints the said M. N. trustee thereof in the place and witli the powers of the within named (G. H.) who died on the day of . 2. The said E. F. assigns unto the said X. Y., his executors and administrators, the premises described in the schedule hereto {b) T'pon trust forthwith to reassign the same to the said E. F. and M. N., tlicir executors and administrators. Upon the trusts and subject to the clauses and provisoes subsisting under the within written Indenture (1). In witness, &c. No. 172. Reassignment by the Provisional Trustee tinder the Preceding Precedent {By indorsement on the Settlement). THIS INDENTURE, &c., between the above named (X. Y.) of the one part, and the above named (E. F.) and (M.N.) of ihc other (a) This and the next form will be easily adapted to the c:use of mil settlements and wills by variations from Precedent No. 170. (h) If legal choses In action, add a power of attorney as in Precedent No. H)6. Other descriptions of property may be inserted (if necessary) from the f.ime Precedent. P 210 DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. part, witncsscth that the said X. Y., in execution of the trust reposed in him by the above written Indenture, assigns unto the said E. F. and M. N., their executors and administrators, the premises by the above written Indentm-e assigned to the said X. Y. ; nevertheless Upon the trusts and subject to the clauses and provisoes subsisting under the within written Indenture. In witness, &c. Nos. 173 and 174. Appointment hy a Retiring Trustee {under a Settlement of Converted Realty) of one Trustee in his own place, one in the place of another deceased, and one in the place of a Disclaim- ing Trustee (a). No. 173. Appointment by Deed (^indorsed on the Sale Deed). THIS INDENTURE, &c., between the within named (E. F.) of the one part, and (M. N.), (O. P.) and (R. S.) of the other part wit- ncsscth as follows : — 1. The within named (A. B.) having survived his wife C. D. (formerly the within named spinster) and died in the month of ^ the said E. F., in exercise of his power under the within -\yritten Indenture appoints the said M. N., O. P. and R. S. trustees thereof in the place and with the powers respectively of the within named (G. H.) who has refused to act in and has disclaimed the tmsts of the within written Indenture, the within named I. K. who died in the mouth of , and the said E. F. who desires to retire from the trust. 2. The said E. F. grants unto the said M. N., O. P. and R. S. and their heirs the premises expressed to be granted by the within written (a) This and the next form will be easily adapted to the case of real settlements and wills by variations from Precedent No. 170. DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. 211 Indenture, To the use of the said M. N., O. P. and 11. S. and their heirs ; nevertheless Upon the trusts and subject to the clauses and provisoes expressed in the within written Indenture (1). In witness, &c. No. 174. Appointment by Writing {a) {indorsed on the Settlement Deed). THE within named (A. B.) haWng survived his wife C. D. (formerly the Avithin named spinster) and died on the day of , I the within named (E. F.) in exercise of my power under the within written Indenture appoint (M.N.), (O. P.) and (R. S.) trustees thereof in the place and with the powers respectively of the within named G. H. who has refused to act in and has disclaimed the trusts of the within written Indenture, the within named (I. K.) who died in the month of , and myself who am desirous of retii-ing from the trust. Signed. E. F. III. TEANSFEES OF MOETaAGES ON" APPOINTlSrENTS OF TEUSTEES. No. 175. Transfer of Mortgage of Freeholds {by one Deed) by a con- tinuing Trustee, on the j4ppointment of a Trustee in the place of one deceased; the Mortgagor not joining. By Indorsement on the Mortgage Deed {b). THIS INDENTURE, &c., between the within named (A. Ji.) of (a) If the settlement conipi-ises other property besides the sale monies a (lce«l would be necessary, unless the property was such as would pass by transfer without deed. (h) See note on division II. of this section ; care must be taken not to disclose the fact of the settlement by an accidental imlorsnnrnt, or otherwipo. The trustees should everywhere be referred to, not as such, but l>y their luiinos. r 2 212 DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. the first part, (E. F.) of the second part, and (X. Y.) of the third part, witnesscth as follows : — 1. In consideration of the application by the said E. F., at the request of the said A. B. (out of monies belonging to them on a joint legal and equitable account) of £ , in dischai-ge of the principal and current interest due upon the within written Indenture and now (by the death on the day of of the within named CD.) solely vested in the said A. B., he, the said A. B., assigns unto the said X. Y., his executors and administrators, the principal and interest secured by the within written Indenture and all securities for the same. In trust for the said A. B. and E. F., their executors and admi- nistrators, as joint tenants (a). 2. For the consideration aforesaid, the said A. B. grants unto the said X. Y. and his heirs the premises expressed to be granted by the within written Indenture, To the use of the said A. B. and E. F. and their heirs, subject to the subsisting equity of redemption under the same Indenture (1), (29) {b). In witness, &c. No. 176. Transfer of Mortgage of Freeholds {by one Deed) % the retiring and continuing Trustees, on the Appointment of a New Trustee in the place of one retiring; Mortgagor not joining. By indorsement on the Mortgage Deed (c). THIS INDENTURE, &c., between the within named (A. B.)(c/) of the first part, the within named (C. D.) (e) of the second part, (E. F.) of the third part, and X. Y. of the fourth part, witnesseth as follows :— (a) No reassignment need be executed by X. Y. ; the entire legal estate remains in A. B. ; the entire equitable interest (subject of course to the real ownerships under the settlement, which is kept out of sight) vests in A. B. and E. F. in joint tenancy by the declaration of trust. (h) Substituting " by the within written Indenture" for " hereby." (c) See note on Precedent No. 175. (rf) The retiring trustee. {e) Th« continuing trustee. DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. 213 1 In consideration of the application by the said E. F., at the request of the said C. D. (out of monies belonging to them on a joint legal and equitable account) of £ in discharge of the principal and current interest due on the within written Indenture, the said A. B. and C. D. assign unto the said X. Y., his executors and administrators, the principal and interest secm'cd by the within written Indenture and all securities for the same, In trust for the said C. D. and E. F., their executors and administrators, as joint tenants. 2. The said A. B. empowers the said C. D. and E. F., or either of them, their or either of their executors, administrators, or assigns, and their or any of their substitutes and substitute, in the name or names of the said A. B., his executors or administrators, to recover receive and give receipts for all monies secured by the within written Indenture. 3. For the consideration and purpose aforesaid, the said A. B. and C. D. grant unto the said X. Y. and his heirs the premises expressed to be granted by the within written Indenture, To the use of the said C, D. and E. F. and their heirs, subject to the subsisting equity of redemption under the same Indentui'e(2), (29) (a). In witness, &c. No. 177. Transfer o/ Mortgage of Freeholds and assigned [or demised] Leaseholds by a continuing Trustee on the appointment of a New Trustee in the place of one deceased, the Mortgagor not joining. {By Indorsement on the Mortgage) {b). THIS INDENTURE, &c., between the within named (A. B.) of the first part, (E. F.) of the second part, and X. Y. of the third part, witnesseth as follows : — 1. In consideration of the application by the said E. F., at tlic request of the said A. B. (out of monies belonging to them on a jonit (a) Sec note {d) on rrorcdent No. 17.5. {h) See note on rrcccdent No. 17'> 214 DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. legal and equitable account) of £ in discliarge of the principal and eui'rent interest due on the within written Indenture and now (by the death on the day of of the within named C. D.) solely vested in the said A. B., the said A. B. assigns unto the said X. Y., his executors and administrators, Istly, the principal and inte- rest secured by the within written Indenture and all securities for the same; And 2ndly, the premises expressed to be assigned [demised] by the within written Indenture ; As to the Istly mentioned premises absolutely ; And as to the 2ndly mentioned premises, during the sub- sisting residue of the within (a) mentioned term of years, and subject to the subsisting equity of redemption under the within written Indenture ; And as to all the premises hereby assigned, Upon trust forth- with to reassign the same (6) (subject as regards the 2ndly mentioned premises to such equity and during such term as aforesaid) to the said A. B. and E. F., their executors and administrators (c). 2. (d) For the consideration and purpose aforesaid, the said A. B. grants unto the said X. Y. and his heirs the premises expressed to be granted by the within written Indenture, To the use of the said A. B. and E. F. and their heirs, subject to the subsisting equity of redemption under the same Indenture (1), (29) (a). In witness, &c. No. 178. Reassignment of the Mortgage Debt and Securities comprised in the preceding Precedent {by Indorsement on the Mortgage). THIS INDENTURE, &c., between the above named (X. Y.) of the one part and the above named (A. B.) and (E, F.) of the other part, (a) If the mortgage was by demise, substitute for these words, " of the term of years created by the within written Indenture." {h) The leaseholds comprised in the security necessitate a second deed, since the legal estate in them will of course not remain in the assignor as in a chose in action but pass to the provisional trustee. (c) If the transfer had been by a retiring and continuing trustee a power of attorney would be required as in the last Precedent. {(l) See note {b) on Precedent No. 175, DISCLAIMERS AND APPOINTMEXTS OF TRUSTEES. 215 witnesseth that the said X. Y., in execution of the trust reposed in him by the above written Indenture, assigns unto the said A.. B. and E. F., their executors and administrators, the premises by the above written Indenture assigned to the said A. B. ; As to tlie Istly therein mentioned premises absolutely ; And as to the 2ndly therein mentioned premises, during the subsisting residue of the within mentioned term of years {a), and subject to the subsisting equity of redemption under the within written Indenture. In witness, &c. No. 179. Transfer of Mortgage of Fkeeuolds [hj one Deed) by a retir- ing Trustee, on the Appointment 0/ New Trustees in the place of himself and one deceased; Mortgagor not joining. {By In- dorsement on the Mortgage Deed) (b). THIS INDENTURE, &c., between the within named (A. B.) of the one part and (c) (E. F.) and (G. H.) of the other part, witnesseth as follows : — 1. The said A. B., in consideration of £> paid to him by the said E. F. and G. H. (out of monies belonging to them on a joint legal and equitable account) in discharge of the principal and current interest due on the within written Indenture and now (by the death on the day of of the within named CD.) solely vested in the said A. B., assigns unto the said E. F. and G. II., their executors and administrators, the principal and interest seciu'cd by the within written Indenture and all seciu'itics for the same, with power for the said K. F. and G. H. and the survivor of them, his executors or administrators, or their or his assigns, or their or his substitutes or suljstitutc, in the name or names of the said A. B., his executors and administrators, to recover, receive and give receipts for the same premises. (a) See note (c) on tlic lust Precedent. (6) Sec note on Precedent No. 175. (c) The trusts of the settlement being kept out ofsi^dit, tliis lorin will ho ai>|ili- c:ible either wlicrc the forms of the present vuliinie have been used, or in n tr.in>for under the old forms, which would (i)ossibly) involve n ihiublo sot of dect-la ks regards other property atVected by the trusts of the .-ietllcnKMU. 216 DISCLAIMERS AND AITOINTMENTS OF TRUSTEES. 2. For the consideration aforesaid, the said A. B. grants unto the said E. F. and G. H. and their heirs the premises granted by the within written Indenture, subject to the subsisting equity of redemption under the same(l) (a), (29). In witness, &c. No. 180. Transfer of Mortgage of Freeholds and Leaseholds by two retiring Trustees, Mortgagor not joining. {By Indorsement {b) on the Mortgage^ THIS INDENTURE, &c., between the within named (A. B.) and (C. D.) of the one part, and (E. F.) and (G. H) of the other pai't, witnesseth as follows : — 1. The said A. B. and C. D., in consideration of £ paid to them by the said E. F. and G. H. (out of monies belonging to them on a joint legal and equitable account) in discharge of the principal and current interest due on the within written Indentui'e, assign imto the said E. F. and G. H., their executors and administrators, Istly, the principal and interest secured by the within wTitten Indenture and all securities for the same (with power for the said E. F. and G. H., and the survivor of them, his executors or administrators, or their or his assigns, or their or his substitutes or substitute, in the names or name of the said A. B. and C. D. or either of them, their and either of their executors or administrators, to recover, receive and give receipts for the same premises) ; and, 2ndly, the premises assigned by the within written Indenture ; As to the Istly mentioned premises absolutely ; And as to the 2ndly mentioned premises, during the subsisting residue of the within mentioned term of ■ years, and subject to the subsisting equity of redemption under the within written Indenture. 2. For the consideration aforesaid, the said A. B. and C. D. gi'ant unto the said E. F. and G. H. and their heirs, the premises granted (a) See note on Precedent No. 175. (6) See note on Precedent No. 175. DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. 217 by tlie witliin written Indenture, subject to the subsisting e(iuity of" redemption under the same (2), (29) (a). In witness, &c. No. 181. Transfer of Mortgage of Freeholds {by one Deed) hij a con- tinui7ig Trvute^, on the Jppointment of a New Trustee in the 2)lace of one deceased, ^Iortgagor joining {0). {By Indorsement on the Mortgage) {c). THIS INDENTURE, &c., between the within named (A. B.) of the first part, the within named (mortgagor) of the second part, (E. F.) of the third part, and X. Y. of the fourth part, witnesseth as follows : — 1. In consideration of the application by the said E. F., with the concurrence of the said A. B. (out of monies belonging to them on a joint legal and equitable account) and at the request of the said ^I., of £ , in discharge of the principal and current interest due on the within written Indenture and now (by the death on the day of of the within named C. D.) solely vested in the said A. B., the said M. (28). 2. For the consideration aforesaid, the said A. B. grants, and tlic said ]\I. grants and confirms unto the said X. Y. and his heirs the premises expressed to be granted by the within written Indenture, dis- charged from all monies thereby secured (excepting so far as the same may enure as a protection against any mesne incumbrances), To the use of the said A. B. and E. F. and their heirs (10), (29), (1), (IG), (30), (24). In witness, &c. (a) See note on Precedent No 175. {b) This should not be the case where the e) See note on Precedent No. 175. (c) The retiring trustee. (d) The continuing trustee. (e) If the mortgage was by demise, " of the term of years created by the within written Indenture." DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. 219 and so subject as aforesaid), to the said C. D. and E. F., their executors and administrators (13) or (14), (29), (2), (19) or (20), (30), (24j. lu ■witness, &c. No. 183. Reassignment of the Leaseholds assigned by the last Deed. THIS INDENTURE, &c., between the above named (X. Y.) of tlie one part, and the aboA^e named C. D. and E. F. of the otlicr part, witnesseth that the said X. Y., in execution of the trust reposed in him by the above written Indenture, assigns unto the said CD. and E. F. the premises by the above written Indenture assigned to the said X. Y. during the subsisting residue of the (a) Avitliin mentioned term of years, but subject to the equity of redemption in the within written Indenture contained. In witness, &c. No. 181. Transfer of Mortgage of Freeholds and Leaseholds by a Retiring Trustee, oti the appointment of Nkw Trustkks in the place of Himself a7«^ one deceased, the 'SIoiitgauok joining. {Not by indorsement). THIS INDENTURE, &c., between (A. B.) (6)) of the first part, {mortgagor) of the second part, and (E. F.) and {i\. H.) of the third part, witnesseth as follows : — 1. In consideration of jg paid by the said E. F. and G. 11. (out of monies belonging to them on a joint legal and equitable account), at the request of the said M. to the said A. V,., in (bschargc of the principal and current interest due on a mortgage security for £ (dated, &c.) from the said M. to the said A. 13. and C. D. and now (by (w) See note (f) on tin- last rrciciloiit. {It) The rctirin;j; trustee. 220 DISCLAIMERS AND APPOINTMENTS OF TRUSTEES. the death on the day of of the said C. D.) solely vested in the said A. B., he the said M. (28). 2. For the consideration aforesaid the said A. B. grants, and the said M. grants and confirms nnto the said E. F. and G. H. and their heirs such of the hereditaments described in the first schedule hereto as were granted by the said mortgage with their legal or usual appur- tenances, discharged from all monies thereby secured excepting so far as the same may enure as a protection against any mesne incumbrances. 3. For the consideration aforesaid the said A. B. assigns, and the said M. assigns unto the said E. F. and G. H. and their heu's such of the premises described in the second schedule hereto as were assigned by the said mortgage with their legal or usual appurtenances, (during the subsisting residue of the term of years created by a lease (dated, &c.) from X. Y. to the said M.), discharged from all monies seciired by the said mortgage exceptmg as aforesaid (14), (29), (1), (20), (30), (24). In witness, &c. Sect, 6. CONVEYANCES TO TRUSTEES AND DONEES OF POWERS; MORTGAGES TO TRUSTEES OF PERSONAL SETTLE- MENTS; AND MORTGAGES BY TRUSTEES OF TERMS (UNDER REAL SETTLEMENTS) FOR SECURING POR- TIONS. (Precedents 185 to 195. No. 185. Conveyance of Freeholds bt/ Husband and Wife to the Trustees (a) of a Personal Settlement {tinder a Covenant to settle the Wife's after acquired Property), and Declara- tion©/* Trust o/ Stock anc? Mortgage Securities transferred to the Trustees under the same Covenant. THIS INDENTURE, &c., bet^veen (A. B.) and (C. D.) his wife (o) The coivvL-yaiice .should be executed by (ill the trustees. COXVEYANCES TO TRUSTEES AND DONEES OF POAVERS. 221 (formerly , spinster), of the first part (E. F.) of the second part^ and (M. N.) and (O. P.) of the third part, witnesseth as follows : — 1. Pursuant to the covenant of the said A. B. and CD. in their marriage settlement (dated, &c.,) and for vesting in the said INI. N. and O. P. as the present trustees thereof the after mentioned premises, (to which the said C. D., or the said A. B. in her right, are or is absolutely entitled under the will (dated, &c.,) of X. Y.), the said A. B. grants, and the said C. D. (Avith his concurrence hereby testified, and Avith the privity of the said (E. F.) as executor of the said will), grants and disposes of unto the said M. N. and O. P. and their heirs, the hereditaments described in the first schedule hereto with their legal or usual appurtenances, to the use of the said ]M. N. and O. P. and their heirs (34). 3. It is agreed that the said M. N. and O. P. their heirs and assigns, shall hold the premises hereby granted (46) (a), (47). 5. It is agreed that the said M.N. and O. P. their heirs, executors, administrators and assigns, shall hold £ £3 per cent. Consolidated Bank Annuities transferred into their names by the said E. F., and composing (with the after mentioned mortgage debts) the residuary personal estate (after discharging funeral and testamentary expenses, debts and legacies) of the said testator ; And also the mortgage debts and securities specified in the second schedule hereto (and which it is intended shall be vested in the said M. N. and O. P., by two inden- tures of even date herewith) (6) ; And also the sale monies, rents and profits of the premises hereby granted, Upon such trusts, and subject to such clauses and provisoes as if the same had been investments, money and income, held under the trusts of the said settlement. In witness, &c. (b) . (a) Stopping .it " assurance" in (46) and omitting clause 3 from (47). (h) These transfers should not disclose the trust but appear to he for a money consideration, inserting the "joint account clause," (sec note on division 11. of Section 5, and note on Precedent No. 175). 222 CONVEYANCES TO TRUSTEES AND DONEES OF POWERS. No. 186. Conveyance to the Trustees {a) of a Personal Settlement of Freeholds and Leaseholds Purchased under a Power of Inventing in the Purchase o/Land. THIS INDENTURE, &c., between (vendor) of the first part, (A.. B.) and C. D. his wife (formerly , spinster), of the second part, and and of the third part, witnesseth as follows : — 1. For effectuating a purchase made by the said , under a power in the marriage settlement (dated, &c.,) of the said A. B. and C. D., and with their consent hereby testified, the said V. in consi- deration of £ paid to him by the said (being the clear proceeds of £ £B per cent. Annuities comprised iu the settled premises, and sold by the said , with such consent and so testified as aforesaid), grants unto the said and their heirs, the heredita- ments described in the first schedule hereto with their legal or usual appurtenances, to the use of the said and their heirs. 2. For the purpose and consideration aforesaid, the said V. assigns unto the said , their executors and administrators the premises described in the second schedule hereto, with their legal or usual appurtenances (6). 4. It is agreed that the said , their heirs, executors, adminis- trators and assigns, shall hold the premises hereby granted and assigned (46) (6), (47). In witness, &c. (a) The conveyance must be executed by all the trustees. (b) Stopping at " assurance" in (46), and omitting clause 3 from (47) CONYEYANCES TO TRUSTEES AND DONEES OF POWERS. 223 No. 187. Conveyance 0/ Freeholds to the Uses of a Will devising Laxd iji Strict Settlement. THIS INDENTURE, &c., between {vendor), of the first part, (A. B.) of the second part, and , of the thu-d part, witnesseth as follows : — ] . For effectuating a purchase made by the said , by virtue of their power under the will (dated, &c.,) of X. Y., and with the consent hereby testified of the said A. B. as tenant for life in posses- sion of the real estate thereby limited in use, the said V. in consi- deration of £ , paid to him by the said (being the clear sale monies of certain hereditaments at in shire comprised in the said real estate and sold by the said , imder their power in the said will and with such consent as aforesaid), grants unto the said and theu' heirs the hereditaments described in the schedule hereto with their legal or usual appurtenances ; To the uses, upon the trusts and subject to the clauses and pro\isoes subsisting by Adrtuc of the said will in the said real estate thereby limited in use (1). In witness, &c. No. 188. Mortgage 0/ Freeholds to Trustees of a Settlement (a). THIS INDENTURE, &c., between [inortgagor) of the one part, and , and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said ]\I. by the said , out of monies belonging to them on a legal and equitable joint account the said M. (28). 2. For the consideration aforesaid, the said M. grants unto tlic («) The form for a icill will be the saiuc in tliis ami the next two Prccedenlf!, tlie trusts not being disclosed. 224 MORTGAGES TO TRUSTEES OF PERSONAL SETTLEMENTS. said and their heirs, the hereditaments described in the schedule hereto, with their legal or usual appurtenances (10), (29), (16), (30), (24). In witness, &c. No. 189. Memorandum as to the Investment on the Secuuity mentioned in the preceding Peecedent {to he indorsed on the settlement). MEMORANDUM. That £ £3 per cent. Consohdated Bank Annuities (part of the within settled sum of £ like An- nuities), was on the day of , sold by the within named {trustees), and the sum of £ (being the clear proceeds thereof) invested on a mortgage of hereditaments at , in shire, dated, &c., and expressed to be made between, &c. ; the above men- tioned sale and investment being made with the consent (hereby testified) of the undersigned (A. B.) and (C. D.) {a). Signed. No. 190. Mortgage of Demised Leaseholds to Trustees {b). THIS INDENTURE, &c., between {mortgagor) of the one part, and , and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said , out of monies belonging to them on a legal and equitable joint account the said M. (28). 2. For the consideration aforesaid the said M. demises unto the said , their executors and administrators, the premises described in the schedule hereto with their legal or usual appm'tenances, during the subsisting residue of the term of years created by lease (a) Tenants for life or other consenting parties. (i) A similar memorandum to the above should be executed contemporaneously with this and the next Precedent. MORTGAGES TO AXD BY TRUSTEES. 225 (dated, &c,,) from X. Y. to the said M., wanting the last day of such term (11), (29), (17), (30), (24). In witness, &c. No. 191. Mortgage of Freeholds and assigned Leaseholds to Trustees. THIS INDENTURE, &c. between [mortgagor) of the one part, and and of the other part, witnesseth as follows : — 1. In consideration of £ paid to the said M. by the said , out of monies belonging to them on a legal and equitable joint account of the said M. (28). 2. For the consideration aforesaid the said M. grants unto the said , and their heirs the hereditaments described in the first schedule hereto, with their legal or usual appurtenances. 3. For the consideration aforesaid the said M. assigns unto the said , their executors and administrators the premises described in the second schedule hereto with their legal or usual appurtenances, during the subsisting residue of the term of years created by a lease (dated, &c.) from X. Y. to the said M. (14), (29), (20), (30), (24). In witness, &c. No. 192. Mortgage by the General Trustees under a 11e.\l Settlement for Securing the portions of Younger Children of the Marriage. THIS INDENTURE, &c. between , and , of the first part, (E. F.) of the second part, and (X.) and (Y.) of the tliird part, witnesseth as follows : — 1. For securing the portion sum of ,6 , which has now by virtue of the marriage settlement (dated, &c.) of (A. B.) and (C. D.), formerly , spinster (and in the events, which have happened, of the dcatli of the said A. B., and the attaining twenty-one years by the said 226 MORTGAGES TO AND BY TRUSTEES. E. F., tlie first cliikl of the said marriage other than a tenant in tail male in possession of the settled premises who has attained that age) become charged under the after mentioned term, the said ■ demises unto the said X. and Y., their executors and administrators, the premises described in the schedule hereto with their legal or usual appurtenances, during the subsisting residue of the 1000 years term by the said settlement limited to the said (wanting the last day), but subject to the trusts of the said term preceding the trust hereby executed. Provided that if the said , or any of them, their or any of their executors, administrators or assigns, or any person or persons beneficially entitled under the said settlement shall pay to the said X. and Y., or the survivor of them, his executors or administrators, or their or his assigns, £ with interest after the rate of £4 per cent. per annum on the day of next, the said X. and Y., or the survivor of them, his executors or administrators, or their or his assigns, will surrender the said premises to the said , their executors, administrators or assigns (2), (24). Provided also, that as regards sold or foreclosed premises the last day of the said 1000 years term shall be held in trust for the person or persons entitled to the subsisting residue of the term hereby created. In witness, &c. No. 193. Mortgage by the General Trustees under a Real Settlement Jor Securing the portions of Children of a 2nd Marriage of the Settlor. THIS INDENTURE, &c. between , and of the first part, (E. F.) of the second part, and (X.) and (Y.) of the third part, witnesseth as follows : — 1. For securing the portion sum of £ , which has now by virtue of the marriage settlement (dated, &c.) of (A. B.) and (C. D.), deceased, formerly , spinster, and of an appointment (dated, &c.) by the said A. B. (and in the events which have happened of the death of the said A. B., and the attaining twentj'-one years by the said E. F., the first child of his by his second wife who has attained that. -MORTGAGES TO A\D BY TRUSTEES. 227 age) become charged under the after mentioned term, the said {the rest as in the 'preceding Precedent). In witness, &c. No. 194. Mortgage hy the Geyieral Trustees under a Will for Securing the portions of the Testator's younger Children. THIS INDENTURE, &c., between , and of the first part, (C. D.) of the second part, and (X.) and (Y.) of the third part, witnesseth as follows : — 1. For securing the portion sum of £ , which has now by virtue of the will (datedj &c.) of M. N., (and in the event Avhich has happened of the attaining twenty-one years by the said CD., being the first child of the said testator, other than a tenant for life in possession of the real estate limited in use by his said will, who has attained that age) become charged under the after mentioned term, the said {the rest as in Precedent No. 192). In witness, &c. No. 195. Mortgage hy the General Trustees under a AVill/o?- Securing the portions of the younger Children of a Tenant for life in possession. THIS INDENTURE, &c., between , and of the first part, (C. D.) of the second part, and (X.) and (Y.) of the third part, witnesseth as follows : — 1. For securing the portion sum of ,£ , which has now by virtue of the will (dated, &c.) of , M. N., and of an appointment (dated, &c.) by A. B. [then] (c) tenant for life in possession of the real estate tliereby limited in use (and in the events which have happened of the death of the said A. B., and the attaining twenty-one years by the (a) Or " afterwanls" if (he I'aot. Q 2 228 RELEASES AND INDEMNITIES. said C. D., liis first child other than a tenant [in tail male (a) ] in possession of the said real estate who has attained that age) beeomc charged under the after mentioned term, the said {the rest as in Precedent No. 192). In witness, &c. Sect. 7. RELEASES AND INDEMNITIES. (Precedents 196 to 201.) No. 196. Release (6) by Children entitled under a Marriage Settle- ment of Personalty wpon the transfer of their Shares. THIS INDENTURE, &c., between (A. B.) (C. D.) and E. F. spinster, of the one part, and and of the other part, witnesseth as follows : — In consideration of the respective transfers and payments appearing by the schedule hereto, the said A. B., C. D. and E. E., according to their respective interests under the marriage settlement (dated, &c.) of M. N. and O. P., formerly , spinster (as the only children of the marriage who attained twenty-one years), release the said , and each of them, their and each of their heirs, executors and adminis- trators, from the trust premises vested in them by the said settlement and specified in the said schedule, and all income thereof; and also (a) Or " for life" if the fact (in a case where life estates have been limited to the testator's grandchildren). (h) Only a few Precedents are given under this section, the Assurances to which it refers being almost always of a special character. A larger number will be added in Vol 2. RELEASES AXD INDEMNITIES. 229 from all liability for the acts or omissions appearing by the same schedule in relation to the said respective premises. In wit- ness, &c. The Schedule, &c. (a). 3rd April, 18 . — The above mentioned settlement, comprising (1) £ Consols transferred into names of . (2) £ bond debt assigned to them by the settlement. 17th Jan. 18 . — Sale of £ Consols (produced £ A.), leaving £ Consols on the trust. (Same date). — Investment of said £ A. on security of freehold here- ditaments at , in sliire, effected by mortgage of tliis date. nth Feb. 18 .—Death of O. P. 9th Oct. 18 . — Said bond debt paid off and invested in purchase of South Devon Railway Shares. 14th July, 18 . — Said shares sold (produced £ B.) (Same date). — Said £ B. invested on security of leasehold pre- mises, &c. 19th March, 18 .—Death of :M. N. (Same date). — The income of all the trust property up to this date paid to O. P. and (after her death) to M. N. 17th Jan. 18 . — £ interest accrued due on the said £ A. mort- gage paid to A. B., C. D. and E. F. equally, making £ a piece. (Date of release). — Said £ X. Consols transferred to A. B., C. D. and E. F, making £ Consols a piece. (Ditto). — Said £ A. and £ B. mortgages transferred to A. B., C. D. and E. F. by two Indentures of this date. (ffl) The transactions here mentioned are given as a specimen of the mode of statement In a schedule of this kind ; but the dealings witli a trust property will of course be described as they actually occurred. I 230 RELEASES AXD IXDEMi\[TIES. No. 197. "Release to the Trustees [a) of a Will of Personalty and converted Realty hy Tenant for Life and his Children, pulling an end to the Trust (6). THIS INDENTURE, &c., between (A. B.) of the first part, (C. D.) and (E. F.) of the second part, and of the third part, witnesseth as follows (c) : — In consideration of the respective transfers, payments and assur- ances appearing by the schedule hereto, the said A. B., in respect of his life interest under the will (dated, &c.) of X. Y., doth ; And the said C. D. and E. F., according to their respective interests under the same will (as the only children of the said A. B. who have attained twenty- one years), do release the said , and each of them, their and each of their heirs, executors and administrators, as well from the said testator's real estate devised in trust for sale, and the sale monies and unsold portions thereof as from his residuary personal estate, and all rents, profits and income thereof respectively ; and also from all liability in respect of the executorship of the said will (the accounts of which have been carefully perused and signed by the said A. B., CD. and E. F.), or of the acts or omissions appearing by the same schedule in relation to the said respective premises. In witness, &c. The Schedule, &c. (c). 1st Part. As to the residuary personal estate of the above named X. Y. (a) A release to executors (where they are not also trustees or where there is no trust) is unnecessary except in special cases. It is ordinarily quite sufficient for the residuary legatees to sign the executor's account, which may of course include more items of payment than the residuary account furnished to Somerset House. (ft) Where a transaction of this kind involves any benefit to a parent it must be well considered in reference to the doctrines of equity on the subject of parental influence. The employment of a separate solicitor for the children will generally be a sufficient protection. (c) Sec note {a) on the prcccling Precedent. RELEASES AXD INDEMNITIES. 231 9th May, 18 . — Executorship accounts made up ou this date. The residuary estate consists of . (1) £ A. secured on mortgage, dated, &c., of freehold heredita- ments, &c. (2) £ B. ditto ditto of leasehokl premises, &c. (3) £ : Consols (a). 2nd Part. As to the real estate of the above named X, Y. 5th Oct. 18 . farm in parishes of and sold, produced £ C. Said £ C. invested in purchase of Imperial Fu'e Shares. N. B. The rest of this estate remains unsold. 3rd Part. As to both estates. (Date of Release). — All income up to this date (from the said 9th May, 18 ) paid to the said A. B. (Ditto). — Said Consols and Fire Shares transferred to joint names of A. B., C. D. and E. F. (Ditto). — Said £ A. and £ B. mortgages transferred to A. B., C. D. and E. F., by two Indentures. (Ditto). — The unsold real estate conveyed to uses in favour of A. B., C. D. and E. F., by Indenture of even date herewith. Nos. 198 and 199. Release and Indemnity to the surviving Trustee of a Marriage Settlement by tenant for Life and his Children, one being a Married Woman whose Share is settled in Reversion. (n) Any subsequent change of investment woiiM of course bo specified. 232 RELEASES AND INDEMNITIES.- (a) No. 198. Release. THIS INDENTURE, &c., between (A. B.) of the first part, (C. D.), (E. F.) and (G. H.) spinster, of the second part; (I. K.) and (L. M.) his wife, of the third part ; and of the fourth part, witnesseth as follows : — In consideration of such transfer as in the schedule hereto men- tioned of the mortgage debt of ^61720 therein mentioned, the said A. B., in respect of his life estate under his marriage settlement (dated, &c.j with X. Y. deceased, formerly , spinster, doth ; And each of the said G. H. and L. M., in respect of £300 of the said mortgage debt by a deed poll of even date herewith appointed to her by the said A. B. (under his power in the said settlement), as one of the children of the said marriage, doth ; And the said I. K. as to the simi of .£300 so appointed to his said wife, doth ; And each of the said C. D. and E. ¥., in respect of £1120 by the said deed poll appointed to them in equal shares as the only other children living of the said marriage, doth release the said , his heirs, executors and adminis- trators, and also the estate of O. P. deceased, from the trust premises by the said settlement vested in the said and O. P., and specified in the said schedide, and all income thereof; and also from all acts or omissions appearing by the same schedule in relation to the same respective premises. In witness, &c. The Schedule, &c. 7th Oct. 18 . — £2000 paid by A. B. (pursuant to his covenant in the said settlement) to and O. P., and invested in purchase of £2367. 5*. lOd. Consols. 19th Jan. 18 .—Said Consols sold ; produced £1961. 2s. 8d. Of this (1) £1720 invested on mortgage of hereditaments of the said A. B. at in shire, effected by Indenture of this date. (a) As to this and the next two Precedents see note (b) on the preceding Ticcedent. RELEASES AND INDEMNITIES. 233 Uncertain date. — (2) £241. 2s. Sd. advanced without security to the brother of the said A. B., whose estate is now insolvent, 16th Sept. 18 . Death of X. Y. (Date of Eeleasc) . — Income of trust premises up to this date paid to A. B. (Ditto). — Transfer of mortgage by to C. D. and E. F. (Ditto). — Memorandum ascertaining interest of parties of the three first parts in mortgage debt assigned to C. D. and E. F., In trust. No. 199. Indemnity. THIS INDENTURE, &c., between (A. B.) of the first part, (C. D.), (E. F.) and (G. H.) of the second part, (I. K.) of the third part, and of the fourth part, witnesseth as follows : — For effectuating a release by Indenture of even date herewith expressed to be given by the said parties hereto of the tAvo first parts, and the said I. K. and L. M., his wife, to the said , and the estate of O. P. deceased, in respect of the trust premises vested in the said and O. P. by the marriage settlement (dated, &c.) of the said A. B. and X. Y., deceased, and also in respect of the income thereof and the acts and omissions in the same release mentioned ; The said parties hereto of the first three parts do, for themselves, their heirs, executors and administrators, and each of them doth, for himself, his heirs, executors and administrators, covenant witli the said , iiis executors and administrators, that, to the extent of the interest expressed to be released by the said L. M. as aforesaid, and so far as sucli release may be reason of her said interest being in reversion or otherwise be inoperative, the said parties licreto of the first three parts, their heirs, executors, or administrators, wiU keep the said , his heirs, executors and administrators, and the estate of tlie said O. P. indemnified against all liability by reason of the several parti- culars in respect of which the said release is expressed to be given. In M'itness, &c. 234 RELEASES AiVD INDEMNITIES. No. 200. Release and Indemnity (in one Deed) by the Parties interested under a Will and Settlement, one being a Married Woman, whose Interest is settled in Reversion, THIS INDENTURE, &c., between (A. B.) of the first part, (O. P.) and (Q. R.) of the second part, (C. D.) of the third part, (E. F.) and (G. H.) of the fourth part, (I. K.) and (L. M.) his wife, of the fifth part, and and of the sixth part, witnesseth as follows : — 1. In consideration of the payments by the said appearing by the schedule hereto, the said A. B. in respect of his life estate under the aftermentioned will and settlement doth ; And the said O. P. and Q. R., in respect of the interest of the said CD. under the same will and settlement now by Indenture (dated, &c.,) vested in the said O. P. and Q. R. as a security for £ and interest, do; And the said CD. E. F., G. H. and L. M., according to their respective interests under the same will and schedule, as the only children of the said A. B. who have attained twenty-one years, do ; And the said I. K., as to the said interest of the said L. M., doth release the said and each of them, their and each of their heirs, executors and administrators, as w^ell from the residuary personal estate of X. Y., deceased, by his will dated, &c., vested in trust in the said and specified in the said schedule, as from the sum of j62300 settled by Indenture (dated, &c.) upon the subsisting trusts of the said will, and all income of the res- pective premises ; and also from all Liability in respect of the executor- ship of the said will (the accounts of which have been carefully perused and signed by the said parties hereto of the first five parts) or of the acts or omissions appearing by the same schedule in relation to the said respective premises. 2. For the consideration aforesaid, the said A. B., C D., E. F., G. H. and I. K. do, for themselves, their heirs, executors and adminis- trators, and each of them doth, for himself, his heirs, executors and administrators, covenant with the said , their executors and admi- nistrators, that to the extent of the interest expressed to be released by the said L. ]M. as aforesaid, and so far as such release may be RELEASES AXD INDEMNITIES. 235 reason of lier said interest being in reversion or otherwise be inoperative, the said A. B., C. D., E. F., G. H. and I. K., their heirs, executors, or administrators, will keep the said , their heirs, executors and administrators, indemnified against all liability by reason of the several particulars in respect of which the foregoing release is expressed to be given. In witness, &c. The Schedule, &c. 1st Part. As to the residuary personal estate of the above named X. Y. 19tli June 18 . — Executorship accounts made up on this date. The residuary estate consists of £ Bank Annuities (subse- quently converted by Act of Parliament into .€113. 6s. New £3. 5s. per cent. Bank Annuities). 2nd Part. ^s to the Settled Funds. 30th Oct. 18 . — The above mentioned sum of .€2300 invested in purchase of £ Annuities (subsequently converted by Act of Parliament into €2311. 8^. lO^Z. Ncav £3. os. per cent. Bank Annuities) . 3rd Part. yls to both Funds. (Date of Release). — Income of all trust premises up to this date paid to A. B. (Ditto). — Said Bank Annuities sold produced together € . Of this, (1) £ applied in defraying the costs of these presents. (2) £ paid to the said O. P. and Q. R. (at the request of the said C. D.) in discharge of their said security. (3) .€ paid to the said A. B. (4) £ a piece paid to the said E. F., O. II. and I. K. 236 RELEASES AND INDEMNITIES. No. 201. Indemnity by Bond to Chapel Trustees on their dischargiiifj a Security in the possession of the Executor and Residuary Legatee of a Testator, who had received the Interest for some years but taken no Assignment, I (A. B.) bind myself, my lieirs, executors and administrators, to ^ his executors, administrators and assigns, for the payment to him and them of £ . Sealed, &c. Dated, &c. The above written obligation is conditioned to be void, in case the above bovmden A. B., his heirs, executors and administrators, shall keep the above named C. D. and the present and future trustees of chapel, in , and each of them, their and each of their heirs, executors and administrators, indemnified against all liability by reason of the payments to E. F., deceased, and to the said A. B., as executor and residuary legatee under her will (dated, &c.,) of the mortgage debt and interest specified in the schedule hereto; and against all legal and equitable proceedings of X. Y. in the same schedule named, his executors, administrators, or assigns, for recovering the same mortgage debt and interest. The Schedule. 5th Oct. 18 . — Mortgage by , , and (three of the then trustees of the said Chapel) to X. Y., for securing £ and interest at £ per cent. 5th April 18 to 5th Oct. 18 .—Said mortgage debt held by E. F. (without assignment) and the interest paid to her. 23rd Aug. 18.— Death of E. F. (Date of bond). — Said mortgage debt (and interest up to this date) paid to A. B. RELEASES AND INDEMNITIIJS. 237 Sect. 8. DEEDS OF GIFT. (Precedents 202 to 204). No. 202. Conveyance q/" Fee-Simple Estates by a Wife to her Husband. THIS INDENTURE, &c., between (A. B.) and , liis wife, of the one part, and (X. Y.) of the other part, witnessetli that in con- sideration of the natural affection of the said for her said husband, and for other good considerations, the said A. B. grants and the said , Avith his concurrence hereby testified, grants and disposes of unto the said X. Y. and his heirs, the hereditaments described in the schedule hereto, with their legal or usual appur- tenances, to the use of the said A. B. and his heirs. In witness, &c. No. 203. Conveyance of Freeholds and assignment of Partnership Pro- perty by a retiring Partner to his Nephew. THIS INDENTURE, &c., between (A. B.) of the one part, and (C. D.) of the other part, witnessetli as follows : — 1. In consideration of the natural affection of the said A. B. for his nephew the said C. D., and for other good considerations, the said A. B. grants unto the said C. D. and his heirs, the hereditaments described in the schedule hereto with their legal or usual appur- tenances; To the use of the said C. D. and his heirs, subject (as to tlic hereditaments described in tlic first part of tbe sclicduk^) to a mortgage security for C and interest, dated, kc, and expressed to be made between, &c. 238 l)Ei:i),S OF GIFT. 2. For the consideration aforesaid the said A. B. releases and assigns unto the said C. D. his executors and administrators, the interest of the said A. B. in the copartnership heretofore carried on by him and the said CD. in the business of farmers, and in the partnership credits and effects ; with power for the said C. D., his executors, administrators and assigns, in the name of the said A. B., his executors and administrators to sue for, receive and give receipts for the same premises. 3. The said A. B. for himself, his heirs, executors and adminis- trators, covenants with the said CD., his heirs, executors, adminis- trators and assigns, that notwithstanding any thing done or knowingly suffered by the said A. B., he is entitled to execute this assurance of the respective premises free from incumbrances (except as herein appearing) ; and that he and every person claiming under or in trust for him, will at the cost of the said C. D., his executors, administrators or assigns, do all acts required for perfecting such assurance ana facilitating the recovery of the assigned premises. 4. The said C. D. for himself, his heirs, executors and adminis- trators, covenants vdth the said A. B., his heirs, executors and administrators, that the said C. D., his heirs, executors or adminis- trators, will discharge and keep the said A. B., his heirs, executors and administrators, indemnified against all monies now or hereafter due on the said mortgage, and also all debts of the said copartnership appearing by their books of account at the present date, and all expenses of proceedings for the recovery of such monies and debts. Provided that the said A. B., his heirs, executors and administrators, shall not be entitled to enforce this covenant in any other respect, so long as he and they are kept indemnified as aforesaid. In witnessj &c. DEEDS OF GIFT. 239 No. 204. Deed of Gift of Fee-Simple Estates, Leaseholds for Lives {vested in one of the donees in trust for the donor), and long Leaseholds. THIS INDENTURE, &c., between (A. B.) of the first part (C. D.) of the second part, (E. F.) of the third part, and (X. Y.) of the fourth part, witnesseth as follows : — 1. In consideration of the natural affection of the said A. B., for his sons the said C. D. and E. F., and for other good considerations; the said C. D. at the request of the said A. B., and as to the here- ditaments by Indenture of demise (dated, &c.,) from the Dean and Chapter of the Church of, &c., vested in the said C. D. and his heirs (in trust for the said C. D.), and described in the second schedule hereto grants ; And the said A. as to the same hereditaments, and also as to the hereditaments described in the first schedule hereto, grants unto the said X. Y. and his heirs, the hereditaments described in the first and second schedules hereto, with their legal or usual appurtenances ; As to the Istly schedided hereditaments absolutely; And as to the 2ndly scheduled hereditaments, during the lives and life for Mhich the same are now held ; And as to all the said premises. To the use of the said C, D. and E. F. and their respective heirs as tenants in common. 2. For the consideration aforesaid the said A. B. assigns unto tlie said C. D. and E. F., their executors and administrators as tenants in common the premises described in the third schedule hereto m ith their legal or usual appurtenances, during the subsisting residue of the term of 4000 years granted by lease (dated, ice.,) from to , and now by mesne assignments and operations in the law vested in the said (A. B.) (1), (6). In witness, &c. END OF PART III, PART IV. COMMERCIAL DRAFTS (o). rrecedcnt Sect. 1. Assignments . . . . 205 to 212 2. Leases and Licenses . . 213 to 224 3. Partnership Deeds . . . 225 to 228 4. Miscellaneous Instruments . . 229 to 234 (a) A large addition will be made iu Vol. 2 to the number of Precedents in thib Part. ASSIGNME^^TS. 243 Sect. 1. ASSIGNMENTS. (Precedents 205 to 212). No. 205. Assignment of a Patent. THIS INDENTURE, &c., between {vendor) of the one part, and of the other part, witncsseth as follows : — 1. The said V. in consideration of £ paid to him by the said — , assigns unto the said , his execntors and administrators the letters patent granted on the day of for the alleged invention specified in the schedule hereto, during the subsisting residue of the term of years thereby granted. 2. The said V. for himself, his heirs, executors and administrators, covenants with the said -, his executors, administrators and assigns, that the said letters patent are valid and subsisting, and that notwith- standing anything {the rest as in Precedent No. 7). In witness {a). Nos. 206 and 207. Assignment of a Patent, with a vieiv to its being worked by the Assignor and Assignee. No. 206. Assignment. THIS INDENTURE, &c., between (A. B.) of the Hrst part, (a) The assignment must be registered under the 15 & IG Vict. c. 8.3, s. 35. R 2 241 A.ssiaNMF:xTS. (C. D.) of the second part, and of the third part, witnesseth as follows : — 1. For effectuating an agreement of even date herewith Ijctween the said A. B. and C. D. for working tlie after mentioned patent, and in consideration of £ to be advanced by the said C. D. for that purpose, the said A. B. assigns unto the said , his executors and administrators the letters patent for England and Wales and Berwick- upon-Tweed, granted on the day of , for the alleged invention specified in the schedule hereto (during the subsisting residue of the term of years thereby granted) ; In trust for the said A. B. and C. D., their respective executors and administrators as tenants in common. 2. The said (A. B.) for himself {Covenajit ivith as -in iJie precedhig Precedent) . 3. The said , his executors, administrators and assigns, and his and their substitute and substitutes, may apply for a renewal of the said term ; may grant licences (either at a rent or royalties or both) for the maiuifacture and sale of the said invention ; may assign the said patent, either as a secui'ity or absolutely ; may institute (and either prosecute or abandon), any legal or equitable proceedings against persons infringing the same ; and for the respective purposes aforesaid may use the names and name of the said A.B. and CD. or either of them. Provided (1) that the exercise of the foregoing poAvers shall be subject to the written consent of the said A. B. and C. D., their respective executors, administrators and assigns. (2) That any renewed term in the patent shall be held Upon the trusts and subject to the clauses and provisoes herein expressed. (3) That any surplus (after defraying expences) of the monies received under the foregoing powers shall be held Upon the trusts and subject to the clauses and provisoes expressed in the said agreement of even date herewith. (4) That the trustee's receipts shall discharge all persons paying money from liability in regard to the application thereof. 4. For the consideration aforesaid the said A. B., for himself, his heirs, executors and administrators, covenants with the said , his executors, administrators and assigns, that the said A. B., his executors and administrators, will at the joint cost of the said A. B. and C. D., their respective executors and administrators, assign to the said , his executors, administrators and assigns, any Scotch, Irish, colonial ASSIGXMEXTS. 24.") or foreign patents obtained for tlie said invention^ Upon the trusts and subject to the provisoes and clauses herein expressed. In witness^ &c. No. 207. Agreement for working the Patent assigned by the preceding Precedent. AGREEMENT entered into this day of between (A. B.) of the one part and (C. D.) of the other part, as follows. It is agreed that the English patent granted on the day of for the invention specified in the schedule hereto, (and by Indenture of even date herewith assigned by the said A. B. to , his executors and administrators, in trust for the said A. B. and C. D. as tenants ii' common), shall be worked by the said parties hereto upon the terms and subject to the clauses and provisoes herein expressed (that is to say) : 1. The said C. D. shall on or before the day of transfer £ A. to an account at his bankers (Messrs. ), to be called " ^s Patent Account," the cheques in respect of which shall be drawn exclusively by the said C. D., one cheque for £ B. being di'awn imme- diately on the opening of such account and delivered to the said A. B. (subject to the subsequent provision for repayment) in reimljurscnicnt of his expenses in obtaining and Avorking the patent up to this date. 2. The residue of the said £ A. sliall be applied in working the patent as follows (that is to say) : first, in paying to the said C. D. £ C. per week for such use of his room in Street as hereafter mentioned; next in paying to tlic said A. B. (during the period of one year only from this date) the like weekly smu of £ C. for his superin- tcndance in working the patent, and subject as aforesaid in the gencriil expenses of working the same. ' 3. Notwithstanding the foregoing clauses the said sum of t A. shall be deemed to belong exclusively to the said C. D., who sliall accordingly be entitled to a repayment thereof (so fsir as expended) out of the profits of the patent, to the extent hereinaftei- mentioned: I'loxidiil that if the profits applicable to such reiKiyiiK-nt ))y \irtu(> li(^i<'of sliall 246 ASSIGNMENTS. prove deficient, the said A. B. and his estate shall not be liable to make good such deficiency, excepting to the extent of the after mentioned lien of the said C. D. 4. The mode of working the patent shall be in the sole discretion of the said C. D., and the said A. B. shall superintend such working as his servant in any place and manner specified by the said CD. 5. The said C. D. shall allow a room in his house in Street aforesaid to be used for the account and letter writing part of the business. 6. The profits of the patent (including all monies to be received under the powers of the said Indenture of even date hercAvith) shall be applied : first, in paying ^€50 to the said A. B. for his absolute use, and then in repaying to the said CD. the said sum of o€ B. and the residue (so far as expended) of the said sum of £ A. (together with interest after the rate of £o per cent, per annum from the day of on the entirety of the said sum of £ A.) and subject thereto shall belong equally to the said A. B. and C. D. 7. The said CD., his executors, administrators and assigns, shall have a lien upon the entu'ety of the patent and the manufactiu'es (and manufacturing implements and materials) of the said invention, for so much of the said sum of £ A. as shall have been expended as aforesaid and not repaid under the last clause, and also for all interest on the said sum of £ A. not repaid mider the same clause. 8. (a) The said A. B. shall not be deemed the copartner of the said C D. Should he assume to act as such, his interest under these presents, and the said Indenture of even date herewith (including all monies due to him but not then actually paid), shall be absolutely forfeited to the said C D. (33). In mtness, &c. ■ (a) A stipulation to this effect will of course bind the parties themselves, but as regards third persons the question of partnership cannot be wholly avoided where there is an ultimate division of profits. ASS[GXMEi\TS. 247 No. 208. Assignment of a Trader's Business and Stock (a) fur a Sum of Money. THIS INDENTURE, &c., between {vendor) of the ouc part and — of the other part, witnesseth as follows : 1. The said V., in consideration of £ paid to lum by the said — , assigns unto the said , his executors and administrators the goodwill of the business of ■ heretofore carried on by the said V. at , with the book (i) debts and stock in trade of the same business respectively specified in the two parts of the first schedule hereto, and with power for the said , his executors, administrators and assigns, in the name of the said V., his executors or administrators, to recover, receive and give receipts for the said debts (7), adding, and also for introducing him and them to the customers of the said V. ; and further, that the said V. will not caiTy on nor permit his name to be used in the business of a , at any place within miles from the (c) of aforesaid. 3. The said for himself, his hcu*s, executors and administrators, covenants with the said V., his executors and administrators, that the said , his heirs, executors and administrators will discharge and keep the said V., his heirs, executors and administrators indemnified against the liabilities specified in the second schedule hereto, but so that this covenant shall not be enforced in any other respect so long as the said V., his heirs, executors and administrators are kept so indemnified as aforesaid. In witness, &c. (a) Any freehold or leasehold premises on which the business is carried on will be best assigned by a separate instrument. (h) Add ["and other"] if the fact. ((•) Parish Church, Town Hall, &c. 248 ASSIGNMENTS. Nos. 209, 210, and 211. Arrangements on the Retirement of the Principal of a School in favour of Two Sons. No. 209. Bond from the Sons securing an Annuity to the Principal during his Life. We (C. D.) and (E. F.) bind ourselves, and each of us, our and each of our heirs, executors and administrators, to (A. B.) his executors, administrators and assigns, for the payment to him and them of £ . Sealed, &c. Dated, &c. The above written obligation is conditioned to be void in case the above bounden C. D. and E. F. or either of them their or either of their heirs, executors or administrators, shall pay to the above named A. B. or his assigns during his life an annuity of £ , by equal half-yearly payments commencing the day of . No. 210. Assignment of the School Premises, Fixtures and Furniture and the Goodwill iii consideration of the above Annuity. THIS INDENTURE, &c., between (A. B.) of the one part, and (CD.) and (E. F.) of the other part, witnesseth as follows : — 1. In consideration of an annuity of £ to the said A. B. diunug his life, secured by the bond bearing even date herewith of the said C. D and E. F. (and being of the estimated value of £ ), the said A. B. assigns unto the said C. D. and E. F., as tenants in common, Istly, the premises described in the first schedule hereto (dmiug the subsisting residue of the term of years, created by a lease dated. ASSIGNMENTS. 249 &c,, from X. Y. to the said A. B.). And 2ndly, the goodwill of the school heretofore carried on by the said A. B. on the same premises, with the tenant's fixtures furniture and eflfects specified in the second schedule hereto. 2. The said A. B. for himself, his heirs, executors and adminis- trators, covenants with the said CD. and E. F., their executors, administrators and assigns, that notwithstanding anytliing by the said A. B. done or knowingly suffered, the said lease is subsisting imprejudiced and the said A. B. entitled to execute this assignment of the respective premises, free from incumbrances and liability under the said lease up to the present date ; and that he and every person claiming under or in trust for him shall, at the cost of the said C. D. and E. F., their executors, administrators and assigns, do all acts required for perfecting such assignment, and introducing them to the connections of the said school ; and further, that the said A. B. will not carry on or permit his name to be used in any scliool w ithin fifty miles of aforesaid. 3. The said C. D. and E. F. do for themselves, their heirs, executors and administrators, and each of them doth for himself, his heirs, executors and administrators, covenant with the said A. B., his executors and administrators, that the said C. D. and E. F., their heirs, executors, administrators and assigns, will discharge and keep the said A. B., his heirs, executors, administrators and assigns, indem- nified against all liabilities under tlie said lease subsequently to llic l)resent date. In witness, &c. No. 211. Agiieement between the Two Sons in respect to the Mode of carrijimj on the School, and Provisions as to the Anmit\ and Assigned Proi'krtv. AGREEMENT made this day of , between ((\ D. of) (he first part, (E. F.) of the second part, and (A. B.) of the tliird part, as follows : — 1. Ouriiii;' such period as both the sairl (". P. ;iii(l 11. !•'. sli.ill l»c 250 ASSIGNMENTS. living and continue teaching at the school in , the leasehold premises on which the same school has heretofore been carried on (and which with the fixtures and goodwill of the same school, and certain furniture and effects, have by Indenture of even date herewith been assigned by the said A. B. to the said C. D. and E. F.), shall with the said fixtures and furniture (but subject to the subsequent stipida- tions) be occupied and enjoyed by the said C. D., who shall solely conduct and (subject as aforesaid) receive the profits of the said school as principal for his own use, and shall also discharge all outgoings and liabilities in respect of the same premises, and also the annuity of £ to the said A. B. during his Hfe, secured by the bond bearing even date herewith of the said C. D. and E. F. 2. During such period as aforesaid (and whatever may be the total number of boys at the school for the time being) the said E. F. shall be entitled to board in his own house, and for his own benefit, such of the boys for the time being at the said school as he may select (not exceeding in number). 3. During such period as aforesaid the said C. D. shall pay in respect of each boy boarded at the said school above the number (including boarders at the said E. F.^s) of A. boys, the yearly sum of £ a piece to the said A. B. (so long as he shall be hving, and in addition to the said annuity) and E, F., but so that the total yearly amount payable to the said A. B. and E. F. respectively, by vii'tue of the present claus.e, shall in no event (and whatever may be the number of boarders at the said school) exceed (a) £ . 4. In consideration of the foregoing stipulations in his favour, the said E. F. shall, during such period as aforesaid, bear the ofiice and discharge the duties of Vice Principal, free of charge. 5. The share and interest under the said Indenture of even date herewith of such one of them the said CD. and E. F. as shall die or cease to continue teaching at the school, shall be purchasable by the other of them upon the terms following (viz.); The purchaser shall pay to the party dying, or ceasing to teach, his executors or administrators (who shall execute a proper assignment of such share arid interest) £ , or («) The principal will thus be entitled to receive for his own benefit the profits nn all boarders exc'ccdinn; the number A. ASSIGNMENTS. 251 (in the purchaser's option) the average net profits of the school (after discharging all outgoings and liabilities under clause 1) dui-ing the' two years then last preceding ; shall indemnify the party dying, his heirs, executors and administrators, against the said bond ; and shall execute to the said A. B. (if then living) a security for the payment to him dui'ing his life (subject to a similar limitation to that herein- before contained as to the maximum yearly amount of such payment) of the yearly sum of £ for each boarder at the school above the number of A. aforesaid. (a) 6. If the party entitled to purchase imder clause 5 shall not signify in writing to the said A. B. his option of purchasing within one week from his becoming so entitled, the said A. B. may repiu'chase the premises assigned by the said Indenture (so far as the same shall continue in specie) upon the terms of his paying to the said CD. and E. ¥., their respective executors or administrators (avIio shall execute a proper assignment) a sum of such amount as shall represent the then value of the said annuity, and cancelling the said bond. In witness, &c. No. 212. Assignment of One-third of a Partnek's Share in Mining Property. THIS INDENTURE, &c., between (A. B.) of the one part, and (C. D.) of the other part, witnesseth as follows : — 1. The said A. B. in consideration of £ secured to him by the bond (bearing even date herewith) of the said C. D., and of the covenant of the said C. D. hereinafter contained assigns unto the said C. D., his executors and administrators one-third of the present and future interest (at present three-twelfth shares) of the said A. B., (under copartnership articles, dated, ice, Ijctwecn himself, X. V. and Z.) Istly, in the coal and ironstone in or under tlu> estate at (") Thi.> clause seems necessary for tlio protection nitlic partv rclirin 252 ASSIGNMENTS. in shij'c, with the other premises aud powers demised to L. M., in trust for the said copartners by a lease (dated, &c.,) from and during the subsisting residue of the term of years thereby granted ; And 2ndly, in all other the partnership property (ineliiding the net profits after the first day of July, 18 — ), and in the goodwill of the said partnership business, together with power for the said C. D., his executors, administrators and assigns, in the name of the said A. B., his executors and administrators, to recover, receive and give receipts for the book debts of the partnership comprised in this assignment. 2. The said A. B. for himself, his heirs, executors and adminis- trators, covenants with the said CD., their executors, administrators and assigns (1) That notwithstanding anything done or knowingly suffered by the said A. B., the said lease is subsisting unprejudiced, and the said A. B. entitled to execute this assignment of the respective premises free from incumbrances and liability under the said lease up to the present date, and that he and every person claiming under or in trust for him, will at the cost of the said C D., his executors, administrators or assigns, do all acts reqviired for perfecting such assignment and facilitating the recovery of the premises. (2) That during the copartnership term of years fixed by the said articles (or such part thereof as the said A. B. shall be living), the said A. B. will conduct the mining operations on the said demised premises to the best advantage, according to the usual mode of working similar mines within the district, and will also on or before the 1st day of February, and the 1st day of August in each year, deliver to the said C. D., his executors, administrators or assigns, free of cost, a copy of the balance sheet of the said copartnership during the half-year ending the 1st day of January or the 1st day of July (as the case may be) then last past, and permit him and them to inspect all partnership documents necessary for verifying the correctness of such balance sheet (and will, if required, further verify the same by statutory declaration) ; and will also on or before the 1st day of March and the 1st day of September in each year, pay to the said C. D., his executors, admi- nistrators or assigns, one-third part of the share or shares of the said A. B., in the net profits of the partnership appearing by the balance sheet aforesaid, during the then preceding half-year ending the ASSIGXMEXTS. - 253 1st day of January or the 1st day of July, as the case may be. (3) That if the said A. B. shall die during the said copartnership term, liis executors or administrators shall account for and within calendar months from such death pay to the said C. D., his executors admmistrators or assigns, one-third part of the value at such death of the then partnership interest of the said A. B., as ascertained by the provisions of the said articles, with interest from such death after the rate of £4* per cent, per annum. (4) That the said A. B., his heirs, executors or administrators, will discharge and keep the said C. D., his heirs, executors and administrators, indemnified against the liabilities under the said lease and all other partnership liabilities excepting to the extent of the said C. D. s obhgations under the next covenant. 3. The said C. D. for himself, his heirs, executors and adminis- trators, covenants with the said A. B., his executors and adminis- trators, that the said C. D., his heirs, executors and administrators, will discharge and keep the said A. B , his heirs, executors and admi- nistrators, indemnified against one-twelfth part of the partnership liabilities specified in the said schedule. 4. Provided (1) That as between the said A- B., his executors and administrators, and the said C. D., his executors and administrators (and without prejudice to the respective obligations of the copartners for the time being under the said aj'ticles), the foregoing covenants of the said A. B. shall extend to the total amount of the present and future lialnlities of the said copartnership (excepting as aforesaid), as if the said A. B. were solely interested in the said partncrsliip property and business. (2) That the said C. D., his executors or administrators, shall not be obliged to contribute to any of the expenses (whether ordinary or extraordinary), nor (excepting as aforesaid) l)e subject to any of the liabilities of the said copartnership. (3) That until breach of some covenant of the said A. B. herein contained, the said C, 0. shall not interfere in the management of the copartnership business), nor (except as herein otherwise provided) investigate the copartnership accounts, or require any copy or extract thereof. In witness, K-c. 254 • LEASES AND LICENSES. Sect. 2. LEASES AND LICENSES. (Precedents 213 to -224). No. 213. Lease o/ a House and Shop. ( This will he identical ivith the forms for House Leases in Part 2, Sect, 6. The covenant restraining the Lessees from using the premises for any trade or manufacture should he retained, adding as an exception the particular trades or trade allowed). No. 214. Lease of a Public House. ( This tvill also be framed, according to the circumstances of the case, from the forms in Part 2, Sect. 6, substituting for the restriction on trade or manufacture the foUoioing clause: — "or use the same for any purpose, excepting as an inn, tavern, or pubKc house, and will do nothing that may lead to the withdrawal of the license fi'om the said premises, (a) [nor sell thereon any liquor not supplied by the lessors, excepting such as they or he shall not deal in or shall fail to supply when required.'^] (a) The clause in brackets will of course be omitted in the case of a free public house. LEASES AND LICENSES. 255 Nos. 215, 21G(a), 217. BuiLDiXG Leases (b). No. 215. Lease o/ Ground on w/iich onhj one House is to be Built. THIS INDENTURE, &c., betAveeu {lessor) of the one part, aiul — of the other part, witncsseth as follows : — 1. The said L. demises unto the said , his executors and admi- nistrators (with the reservations specified in the first schedule hereto), the piece of land described in the second schedule licreto, (and delineated and coloured in tlie plan drawn in the margin hereof), with the legal or usual appurtenances, from the day of for the term of ninety-nine years, at the yearly rent (during the first two years) of a peppercorn, afterwards of £ , payable by equal quarterly payments commencing the day of next. 2, The said for himself, his heirs, executors, administrators and assigns, covenants with the said L., his heirs and assigns (1) That the said , his executors, administrators and assigns (hereinafter called " the lessees"), will pay to the said L., his heirs and assigns (hereinafter called "the lessors"), the rent aforesaid at the times aforesaid, and defray all outgoings chargeable by law upon the said land, or tlic erections hereinafter mentioned ; will at the lessee's cost, within years from the date hereof, erect on the said land a dwelling-house and outbuildings, according to the elevation plans and specifications contained on sheets of paper (respectively signed by the said , and annexed as to the third schedule hereto {b) ) ; will at the like cost maintain (and at the expiration of the term deliver up) the said erections in good order and repair; will at the like cost execute all repairs (fl) A contract with a builder for tlie erection of a liouse on land not inteiidod to be leased will be found in Section 4, Precedent No. '234. The Precedents •;ivon in this Section may be easily adapted to the case of leases under powers, &c., from the forms in Part J I., Section G. (/;) Sewers and roadways arc generally now constructed by the lessor previously to the demise. 25 G LEASES AXD LICENSES. required by written notice from the lessors^ within three calendar months from the day such notice is left on the premises ; will keep the premises insured against fire in £ in the lessor's name or names, at such office as he or they shall select (and on demand produce every current year's receipt for such insurance to the lessors) ; and will lay out all monies received from such insurance in reinstating the premises (making good any deficiency). (2) That the said demised premises and erections shall not be altered or used for any purpose of education, trade or manufacture (31) (a), (32), (33). In witness, &c. No. 216. Agreement for a Lease of Ground on ivkich more than one House is to he built. AGREEMENT entered into this day of , between (lessor) of the one part, and of the other part, as follows : — 1. It is agreed, that as soon as a dwelling-house and outbuildings shall be erected by the said , his executors, administrators and assigns, on each of the plots of land described in the second schedule hereto, according to the elevation plans and specification contained in sheets of paper (respectively signed by the said ) and annexed as the third schedule hereto, the said L. shall execute, and the said shall accept (with the reservations specified in the first schedule hereto) a lease of such plot with the dwelling-house and out- buildings aforesaid and the legal or usual appurtenances, from the day of for the term of 99 years, at the yearly rent (being plot 1, 2 or 3) of £ , otherwise of £ ; such rent to be payable by equal quarterly payments, commencing at the expiration of three calendar months from the date of the lease reserving the same. 2. Each such lease shall contain a covenant by the said , his executors, administrators or assigns (hereinafter called " the lessees"), with the said L., his executors^ administrators or assigns (hereinafter (o) Omitting the determination clause. LEASES AXD LICENSES. 257 called " the lessors") that the lessees will pay the rent aforesaid at the times aforesaid ; will defray all outgoings chargeable by law upon the plot hereby demised or the said erections thereon j will at the lessee's cost, within calendar months from the date hereof, complete the said erections according to the specification contained in sheets of paper (respectively signed by the said and annexed as the fourth (a) schedule hereto) ; will at the like cost maintain (and at the expiration of the term deliver up) the said erections in good order and repair; will at the like cost execute all repairs required by written notice from the lessors within three calendar months from the day such notice is left on the premises ; will keep the premises insured against fire in <.€ in the lessor^s name or names, in such office as he or they shall select (and on demand produce every current year's receipt for such insm'ance to the lessors) ; and will lay out all monies received from such insurance (making good any deficiency) in rein- stating the premises : And a further covenant by the lessees, that the said demised premises and erections shall not be altered, or used for any purpose of education, trade or manufacture. 3. Each such lease shall also contain a proA'iso [the rest as in{Sl)(b) ), and also a covenant by the lessors, that the lessee's said liabilities being discharged (the rest as in (32) ). 4. The term " the lessors" may be employed throughout each such lease to designate the said L., his executors, administrators and assigns, and the term " the lessees'^ to designate the said , his executors, administrators and assigns. 5. The expenses of each such lease shall be defrayed by the lessees, and the expenses of the counterpart by the lessors, the expenses of this agreement being defrayed by the parties equally. In witness, iicc. (a) The specification in the 3rd Schedule woidd usually extund only to com- pleting the skeleton and covering in ; the 4th Schedule would contain the internal fittings. (b) Omitting the determination clause. 258 LEASES ANU LICENSES. No. 217. Lease pursuant to the Agreement in the preceding Precedent. THIS INDENTURE, &c., between {lessor) of the one part, and of the other part, witnesseth as follows : — 1. The said L. demises unto the said , his executors, adminis- trators and assigns (with the reservations specified in the 1st schedule hereto), the plot of land described in the 2nd schedule hereto (and delineated and coloured ■ in the plan drawn in the margin hereof), with the dwellmg-house and out buildings recently erected thereon by the said , and the legal and usual appurtenances, from the day of for the term of 99 years, at the yearly rent of £ , payable by equal quarterly payments commencing the day of (a) next. 2. The said for himself, his heirs, executors, administrators and assigns, covenants with the said L., his executors, administrators and assigns (1) That the said , his executors, administrators and assigns (hereinafter called "the lessees") will pay to the said L., his executors, administrators and assigns (hereinafter called " the lessors") the rent aforesaid at the times aforesaid, and defray all outgoings chargeable by law upon the said plot and the erections thereon ; will at the lessee's cost, within calendar months from the date hereof, complete the said erections according to the specification contained in sheets of paper (respectively signed by the said ) and annexed as the 3Td(6) schedule hereto; will at the like cost maintain (and at the expiration of the term deliver up) the said premises in good order and repair ; will at the hke cost execute all repafrs required by written notice from the lessors within three calendar months from the day such notice is left on the premises ; will keep the premises insured against fii'e in £ in the lessors' name or names, in such ofiice as he or they shall select (and on demand produce every cmi-ent year's receipt for such insurance to the lessors) ; and will lay out all monies received from such insurance (making good any deficiency) in reinstating the premises. (2) That the said demised premises and (fl) These days will of course be stated pursuant to the terms of the agreement. (b) This will be a copy of the 4th Schedule to the preceding agreement. LEASES AND LICENSES. 259 erections shall not be altered or vised for any purpose of education, trade or manufacture (31) (a), (32), (33). In witness, &c. No. 218. Mining Lease of Sand and Chalk Pits {with a Wharf and connecting Tramroad) for 21 years, at a Fixed Rent. THIS INDENTURE, &c., between {lessor) of the one part, and of the other part, witnesseth as follows : — 1. The said L. demises unto the said , his executors, adminis- trators and assigns : 1st, all the sand and chalk (whether previously worked or not) in or under the lands situate at in shii'e and delineated in the plan drawn in the margin hereof, with all legal or usual appurtenances to the demised premises, (and so that for obtaining and disposing of the same, and subject to such compen- sation as hereinafter mentioned, the said , his executors, adminis- trators and assigns, may, with the reservations specified in the schedule hereto, have free passage and transport over the said sm-face lands, and use or remove (either with or without reinstating) all existing roads, buildings, and mining works upon, through, or under the same, or construct new ones, and may also dig brick clay and manufacture the same for any purpose of these presents) ; 2udly, the piece of land situate in the said parish adjacent to the river , and also delineated (and coloured red) in the said plan with the wharf and buildings thereon ; and 3rdly, the strip of land situate in the same parish, and also delineated (and coloured blue) on the said plan, and extending from the point marked A in the said surface lands to the point marked A in the 2ndly demised premises, with the railway on the same premises: The said demise to subsist from the day of for the term of 21 years, at the yearly rent of £ , payable by equal ([uai-terly payments commencing the day of next. 2. The said for himself, his heirs, executors, administrators and assigns, covenants (6) with the said L., his heirs and assigns, that the (a) Omitting the determination clause. (Z») In mining (or manufacturing) leases, where a consiiIeral)K? outlay takes phxce upon tlic working, the proviso lor re-entry in the usual form (upon breach of the covenants) is often objected to, as a forfeiture might be occasioned by some s 2 2()0 LEASES AXD I.ICEXSES. said , his executors, administrators and assigns (hereinafter called " the lessees") will pay to the said L., his heirs and assigns, (hereinafter called "the lessors"), the rent aforesaid at the times aforesaid; will defray all outgoings chargeable by law upon the premises ; will pay to the Corporation of the yearly sum of £ , payable for their permission to build the said wharf, and conform to all corporation regulations in regard to such wharves ; will at the lessees' cost, on or before the day of , complete a carriage drive (with fences on each side) of such breadth and over such part of the lessors' land delineated (and coloured yellow) on the said plan as the lessors' sur- veyor shall require ; will at the like cost maintain (and at the expiration of the term deliver up) the said works in good order and repair ; will conduct their works on the demised premises in such manner as the surveyor shall (either with a view to the future use of the land for agricultural or building purposes, or otherwise) direct; will compensate the tenants and occupiers of the said surface lands for all actual or consequential damage occasioned by the exercise of the foregoing powers ; and will not alter or remove the said railway, nor permit the use thereof for any purpose not included in this demise, nor the ship- ment at the said wharf of any sand or chalk not therein included (o), (31), (32), (33), {adding) Provided that the foregoing clause shall not extend to matters hereinbefore referred to the lessors' surveyor, whose decision on all such matters shall be final. In witness, &c. The Schedule, &c. Reservations from the above Demise. (1) No building to be erected or mining work carried on within 25 feet of the boundary line of the above mentioned surface lands. (2) No mining work to be carried on otherwise than from the surface, or (unless directed by the surveyor) in an oblique direction. trivial omission, as of fencing or repairs. To meet this, the writer has frequently found it convenient to divide the covenants into covenants of the first and second class, making the forfeiture attach only upon the former. Some Precedents of this will be given in Vol. 2. In addition to a breach of the covenants, the forfeiture is frequently made to attach upon involuntary alienation, by bankruptcy, &c. (a) The lessors had retained an adjacent chalk pit, and the object of this clause was to preclude competition from any person besides the lessees. LEASES ASB LICENSES. 201 No. 219. Lease at ajixed Rent of a Portion of Sea Beach and Cliff {n-itk a portion of Land adjoining) containing valuable Stone and Earths (a). THIS INDENTURE, &c., between {lessor) of tlie one part, and — of the other part, witnesseth as follows : — 1. The said L. demises unto the said , his executors, admi- nistrators and assigns, Istly, the sea beach between high and low water mark, with the other hereditaments situate in the parish of , in shire, and delineated (and coloured blue) in the map di'awn in the margin hereof; 2udly, the land and hereditaments situate in the said parish, and also delineated (and coloured respectively pink and yelloM') in the said map ; 3rdly, the land included Avithin black dotted lines on the said map, and therein designated " Beach" (together w\i\\ all substances in or under the several hereinbefore demised hereditaments) ; and, 4thly, all substances in or under such portion of the land situate in the said parish and delineated (and coloured green) in the said map as woidd be included between the boundary line of the 2ndly demised premises, and a line drawn parallel to and at the distance of yards fi-oni such boundary line ; Together with full powers, for the profitable working of the 4thly demised premises (but subject to such compensation as hereinafter mentioned) of entry upon and passage and carriage over the last mentioned portion of land (which is hereinafter called " the boundary piece "), and of draining, building and making roads thereon : The said demise to subsist from the day of for tbc term of twenty-one years, at the yearly rent of .t , payabli- by equal onc-fourthly payments commencing on the day of next. 2. The said , for liimself, his heirs, executors, administrators and assigns, covenants (i) with the said L., his heirs and assigns, that the («) The stone being exposed on the surface of the clifl", and the reinoval of tin- whole clifF for a certain distance inland conleniidated l>y tiio lease, inuiiv ot tlu; usual powers and provisions arc dispensed with. The hcach between high and low water mark had been purchased from the Crown. {h) Sec note(/0 on ricccdcnl No. '21 s. 2G2 LEASES AND LICENSES. said , his executors, administrators and assigns (hereinafter called " the lessees "), will pay to the said L., his heirs and assigns (herein- after called "the lessors ''), the rent aforesaid at the times aforesaid, will defray all outgoings chargeable by law upon the demised premises, and will compensate the surface tenants and occupiers of the said boundary piece for all actual or consequential damage occasioned by the exercise of the foregoing powers. Provided (1) that no compensa- tion shall be given for the loss of support either to so much of the said boundary piece as may not be worked by the lessees, or to the residue of the lands coloured green, or any substances in or under such respective premises. (2) That (subject as aforesaid) the removal of the entire surface of the said boundary piece shall be within the powers of this demise (31), (32) (a), (33). In witness, &c. No. 220. Lease o/ Ironstone at a Minimum Rent and Royalties. THIS INDENTURE, &c., between {lessor) of the one part, and of the other part, witnesseth as follows : — 1. The said L. demises unto the said , his executors and admi- nistrators, all the ironstone (whether previously worked or not) in or under the lands situate at , in shire, and delineated in the plan drawn in the margin thereof, with all legal or usual appurtenances to the demised premises, (and so that for obtaining and disposing of the same, and subject to such compensation as hereinafter mentioned, the said , his executors and administrators, may, with the reservations specified in the schedule hereto, have free passage and transport over the said surface lands, and use or remove (either with or without reinstating) all existing roads, buildings, and mining works upon, through, or under the same, or construct new ones) : The said demise to subsist from the day of for the term of years, and the said , his executors and administrators, to pay on (a) Adding the power to remove machinery (with proviso for purchase tliereof at the lessor's option) as in the subsequent Precedent No. 220. LEASES AXD LICENSES. 263 each quarterly day of the term (commencing witli the day of next)j Istly, the royalty per ton of ironstone obtained during the preceding quarter (whether disposed of or not) of shillings {a) ; and, 2ndly, the quarterly rent (6) (whether any ironstone shall have been obtained or not) of £ , but deducting therefrom the total sura payable for royalties on the same quarter day. 2. The said , for himself, his heirs, executors and adminis- trators, covenants (c) with the said L., his heirs and assigns, that the said , his executors and administrators (hereafter called " the lessees "), will pay to the said L., his heirs and assigns (heremafter called " the lessors "), the rent and royalties aforesaid at the times aforesaid ; will defi'ay all outgoings chargeable by law on the pre- mises ; will compensate the tenants and occupiers of the said surface lands for all actual or consequential damage occasioned by the exercise of the foregoing powers ; will conduct the mining works according to the most improved methods in the district ; will keep accurate plans of the works and accounts of all ironstone obtained, (and weigh all such ironstone at the lessors' weighing machine on the premises in the presence of his and their agent) ; will at the lessees' cost maintain (and at the expiration of the term deliver up) the works in good order and repair ; will at the like cost fence in disused shafts, and (if required) within six calendar months from the expiration or determination of the term fill up such shafts, and level for agricultural purposes the surface lands used under the powers ; and will not assign or underlet the premises or use the same for any purpose not included in this demise. 3. Provided (1) that the lessors may at all times enter upon and inspect the condition and working of the premises, and the lessees' accounts of the ironstone obtained, and may also {the rest as in (31) inserting the determination clause). 4. The said L. for himself, his heirs, executors, administrators and (a) Sometimes, " of one th of the average market price of iron during the preceding quarter ;" or, " one th of the price per ton of iron doclari'd iit the last meeting of the shire ironmasters at wliich such price was dcchired." {b) There are several modes of fi'aming the jKiymcnt of a minimum rent when royalties arc reserved. Ihe writer has found liial in the text wmk (.Dnveiiientiy in several mining leases. (r) See note (/') on rreccdcnt No. "218. 264 LEASES AND LICENSES. assigns^ covenants with the said , his executors and administrators (1) That so long as the lessees' said liabilities shall be discharged they shall occupy the premises without interruption from the lessors. (2) That the lessees' said liabilities being discharged, they and he may, during calendar months from the expiration or determination of the term, remove from the premises all ironstone brought to the surface previously to such expiration or determination; And also all such additions to the premises (whether plant or otherwise), during the demise as shall not consist of earth, stone, or brick, or be essential to the support of the premises, and as the lessors shall not by six calendar months written notice previously to such notice or deter- mination signify their or his intention of purchasing (33). In witness, &c. The Schedule, &c. Reservations from the above Demise. Right of way to the lessors, restriction on sinking shafts, Sfc., as instructed. See Precedent No. 231. No. 22L Lease of Flag Rocks at a Royalty and ttvo Rents of varying Amounts according to the yield of the Premises. THIS INDENTURE, &c,, between (lessor) of the one part, and — of the other part, witnesseth as follows : — 1. The said L. demises unto the said , his executors and administrators, all flagwork (whether pre\dousl3'^ worked or not) in or under the lands described in the 1st schedule hereto, with all legal or usual appurtenances to the demised premises, (and so that for obtaining and disposing of the same, and subject to such compensation as herein- after mentioned, the said , his executors and administrators, may, with the reservations specified in the 2nd schedule hereto, have free passage and transport over the said surface lands, and use or remove (either with or without reinstating) all existing roads, buildings and quarry works upon, through or under the same, or construct new ones :) The said demise to subsist from the • day of for the term of years ; and the said , his executors and administrators, to LEASES AND LICENSES. 265 pay on each quarter day of tlie term (commencing with the day of next), Istly, the royalty, for all flag not exceeding three inches in tliickness which may be obtained dm'iug the preceding quarter (whether disposed of or not), of 1-lOth of the value as wrought from the quarry (which for the purposes of these presents shall be taken to be Is. Id. per square yard) ; 2ndly, the quarterly rent, Avhethcr any flag (of the description aforesaid or otherwise) has been obtained or not, of £ ; and, 3rdly, the further quarterly rent (while the quarry shall yield flag of the aforesaid description) of ; but deducting from the said respective rents the total payable for royalties on the same quarter day. 2. The said , for himself, his heirs, executors and adminis- trators, covenants with the said L., his heirs and assigns, that the said , his execiitors and administrators (hereinafter called " the lessees ''), will pay to the said L., his heirs and assigns (hereinafter called "the lessors "), the rent and royalties aforesaid at the times aforesaid ; will defray all outgoings chargea])le by law upon the premises; will compensate the tenants and occupiers of the said surface lands for all actual or consequential damage occasioned by the exercise of the foregoing powers ; Mill work the said flagstone according to the most improved methods in the district (and so that while the quarries shall yield (lag of the description aforesaid, twelve men at the least shall be constantly employed there, exclusive of any men employed in dressing the flags when wrought) ; will keep (and deUver weekly to the lessors' agent) accurate accounts of all flag obtained ; Avill at the lessee's cost maintain (and at the expiration of the term deliver up) the said works in good order and repair; will at the like cost fence in all demised (juarries, and (if required) within six calendar months from the c\\n- ration or determination of the said term fill up the same, and level for agricultural purposes the surface lands used under the foregoing powers ; and will not assign or underlet the premises or use the same for any purpose not included in this demise (31) (a) ; (32) (a); (33). In witness, &c. The 1st Schedule, &c. The 2nd Schedi lk, &c. («) Tlicsc Ibrms will Ik' varietl as in rrccLMK-nt No. '220. See also no(c (A) on Precedent No. 218. 20 G LEASES AND LICENSES. Reservations from the above Demise. (1) No quarry to be opened or road constructed within fifty yards of any dwelling-house. (2) No railroad to be made excepting one tramroad in the shortest direction from the quarry now opened on the premises to mill. The tramway authorized not to exceed yards in breadth, and the lessors to have the right of passage and transport over it free of charge. No. 222. Lease of a Colliery at Rent and Royalties, wiih Clauses making the Royalties |ja?c? {as well previously as subsequently) available as a Set-off against the Excess of the Minimum Rent above the Produce ; and also reducing the amount of the Minimum Rent in certain Events. THIS INDENTURE, &c., between {lessor) of the one part, and — of the other part, witnesseth as follows : — 1. The said L. demises unto the said , his executors and administrators, all the coal (whether previously worked or not) in or under the lands described in the first schedule hereto, with all legal or usual appurtenances to the demised premises, (and so that for obtaining and disposing of the same, and subject to such compensation as hereinafter mentioned, the said , his executors and adminis- trators may, with the reservations specified in the said schedule hereto, have free passage and transport over the said surface lands, and use or remove (either with or without reinstating) all existing roads, Ijuildings and mining works upon, through or under the same, or construct new ones ; and may also dig brick clay, and manufacture the same for any pvirpose included in this demise)(c() : The said demise to subsist from the day of for the term of years ; and the said , his executors and administrators, to pay on each half- (a) A small cLarge is sometimes made for this which should be added to the royalties. LEASES AND LICENSES. 267 yearly day of the term (commencing with the day of next) the royalty per acre of coal, as well hard as soft, obtained during the preceding half-year, (whether disposed of or not), of £70 (a), and the same for a greater or less quantity, but deducting from each such half-yearly payment (if above £125) all sums become payable and actually paid as minimum rent mider the next clause during any previous year or years, and not repaid under this clause : and 2ndly, the minimum yearly rent (subject to the subsequent provisoes) of £125, to be payable whether any (e) The subjoined table will shew the working of these clauses over eleven half- years, the acreage supposed to be raised in each being of course fixed at random. It would be convenient for a table of the actual working and payment to be kept in this form. 0) (2) (3) (4) (5) Half years Royalties actually Ilalt-yearlv rent Excess of Royalties above amount of term. Acres raised. payable. actually payable. of iialf-yearly rent of £125. £ £ £ £ £ 1st 1 70 (1-25 — 70)=55 (125 — 70)=55 2nd 1 70 £ .£ £ 110 £ £ £ 3rd 5 (350— 110) =240 (240— 125rent)=115 4 th 3 210 (210 — 125 do. )= 85 5th 6 420 (420— 125 do. )=295 6th 4 280 (280 — 125 do. )=155 7th 2 140 (140— 125 do.)= 15 8th 1 70 — For ('£125—70) =55 to be deducted by last clause. 665 55 610 125 9th For £125 is deduc ted by same clause 485 125 10th For £125 is deduc- ted by same clause 360 55 11th 1 70 For £125— 70=55 to be deducted as before £305 remaininf^ at the end of 11th half-year. Total of acres worked "j at end of lltli half- V24 year J Total of minimum i rent in 11 hall-vears j Representing at £T0 an acre 1680 1375 £305, ('. c. the acreage worked oufrlit to liiive produced during the five and a half years the full aiimunt of llie yenily rent and £3<»5over, which is the result shewn by column 5. 2G8 LEASES AND LICENSES. coal (either hard or soft) shall or not have been obtained during the preceding half-year, but so that the total of any royalties ultimately payable under the foregoing clause for the same half-year shall be deducted from such rent (which to the extent of such deduction or allowance shall be deemed not to have become payable within the meaning of these presents), and also so that there shall be deducted from such rent (so far as the same will extend) the amount of all royalties actually paid under the foregoing clause for any preceding half-year or half-years of the said term above the sum of £125 for each half-year, and not repaid by virtue of this clause. Provided (1) That for every half-year of the term during which no coal, hard or soft, shall have been obtained by reason of inevitable accident (Avhich shall include any obstruction to the transport of coal therefrom to the Railway, to such an extent as shall preclude the coal, when transported, being sold at a remunerative price), the rent of one peppercorn shall be accepted in lieu of the rent payable for the same half-year by vii-tue of the foregoing clauses, and shall be deemed a payment of rent within the meaning of such clauses for all purposes. (2) That if the said rent or any part thereof shall have become payable during five consecutive years, the aggregate amount of the sums paid in respect thereof during such period of five years, shall be deemed to have been a payment in advance of any rent or royalties becoming payable after the expiration of such period, and shall be deducted from the same so far as such aggregate amount will extend. (3) That no royalty shall be payable for any faulty coal, nor for any coal which, by reason of any fault intersecting the demised premises, shall be so separated from the residue of the same premises that the same cannot be worked at a profit. 2. The said for himself {the covejiants as in Precedent No. 220); (3) (a), (32) (a), (33). In witness, &c. (a) Varied as in Precedent No. 220. See also note (i) on Precedent No. 218. LEASES AND LICEXSES. 269 No. 223. License {not exclusive) to use a Patent at a Fixed Rent for a Term not less than the Original Term. THIS INDENTURE, &c., between {patentee) of the one part, and of the other part, witnesseth as follows : — The said P. grants unto the said , his executors and adminis- trators license to manufacture and vend the alleged invention specified in the schedule hereto (and for which letters patent were on the day of granted to the said P.) during the term of years from the date hereof, at the yearly rent of £ , payable by equal quarterly payments commencing the day of next. Pro- vided that these presents shall not preclude the said P., his executors, administrators or assigns, from granting any other license for the same patent. In witness, &c. No. 224. Exclusive Licence to use a Patented Process during the Residue of the Term ivilhin a certain District at a Minimum Rent and Royalties, with Restriction on Alienation. THIS INDENTURE, &c., between (patentee) of the one part, and of the other part, witnesseth as follows : — L The said P. grants unto the said , his executors and administrators, the exclusive license to use, for the purposes of manufacture and sale within the district comprised in the counties of and shire, and so much of the county of shire as lies to the eastward of a line drawn in the shortest direction between the towns of and , the process of the alleged invention specified in the schedule hereto (and for which Icttei's patent wore on the day of granted to the said P.) : The said licence to subsist during the residue of the terra of years granted by the said letters patent, and the said , his cxecutovs and acbniuistrators. 270 LEASES AND LICENSES. to pay on each quarterly tlay thereof (commencing with tlie clay of next), Istly, the royalty of .£ per for all articles manufactured during the preceding quarter (whether sold or not), pursuant to the said process ; and 2ndly, the quarterly rent (whether any such articles have been manufactured or not) of £ , but deducting therefrom the total sum payable for royalties on the same quarter-day. 2. The said P. for himself, his heirs, executors and administrators, covenants with the said P., his executors, administrators and assigns (hereinafter called " the licensors'^) that the said , his executors, and administrators (hereinafter called 'Hhe licensees '') will pay the rent and royalties aforesaid at the times aforesaid; will constantly employ men at the least in the manufacture of the said patent ; will keep accurate accounts of all articles manufactured, and will not assign or underlet the present license (31) (a), (32); (adding), and further that the licensors will not permit any other person to use the said process within the district aforesaid, and will institute all necessary proceedings for preventing any infringement of the patent within the same district (33), In witness, &c. Sect. 3. INSTRUMENTS OF COPARTNERSHIP. (Precedents 225 to 228.) No. 225, Articles of Partnership between 'Three Persons, with Lhiequal Divisio7i of Profits. AGREEMENT entered into this day of , between (a) Omitting the determination clause. INSTRUMENTS OF COPARTNERSHIP. 271 (A. B.) of the first part, (C. D.) of the second part, and (E. F.) of the third part, as follows : — 1. The parties shall constitute a partnership firm (under the style of ) in the business of , for twenty-one years from the present date, subject to absolute determination at the end of the first seven or fourteen years by six calendar months previous written notice addressed to the firm, by either the said A. B. or the said C. D. 2. No piirtner shall do or suffer any thing whereby the partnership property may be liable to be taken in execution, nor shall any partner, without his copartner's written consent, become bail or surety for any person, nor be more than weeks absent from the place of business of the partnership, or engage in any other business. 3. The partnership capital consists of the stock in trade of the firm for the time being, with, the balance of £ , now standing to the credit of the firm at their bankers (Messrs. ). The said A. B. and C. D. are entitled in equal shares to four-fifths of the capital and profits, and the said E. F. (a) to the remaining one-fifth, the outgoings of the business (so far as the profits and capital are insufficient to meet the same) being borne by the partners in the corresponding proportions. 4. The liabilities and engagements incurred and credits allowed by any partner (exceeding the usual course of the partnership business) shall be at his exclusive risk, and the partnership be indemnified out of his separate estate. 5. Each partner may draw (being the said A. B. or C. D.) £ , or (being the said E. F.) £ quarterly on account of his share of profits, but so that, at the expiration of each year in which the aggi'c- gate drawn on account shall have exceeded the aggregate net profits, each partner shall refund to the partnership any excess drawn ])\ him above his share of profits for the same year. G. A rest shall be made, the partnership stock in trade taken, and the partnership accounts (both of ca})ital and profits) balanced at the (a) It frequently happens that the junior partner is not in a position to bring in any capital, and his share of the profits (subject to his drawing a certain periodical sum) is accordingly directed to accumulate until it amounts to the share of cnpilal which is to be deemed to belong to him. This arrangenuMit however is best eflcctetl by a sub-agreement (in the nature of a security ui)oii the junior's share of profits) to the same ed'ect. 272 INSTRUMENTS OF COPARTNERSHIP. expiration of each year of the terra {a), eommencing with the (lay of next ; the accounts, when completed, being signed by all the partners, who shall be concluded by such signature, excepting as to manifest error detected within one year. 7. At the expiration or absolute determination of the partnership, a similar stock-taking and balancing of accounts to that stipulated by clause 6 shall be made, on the completion of Avhich the partnership property shall be divided (according to the proportions aforesaid) and mutual releases and indemnities executed between and by the parties. 8. A partial determination, as to one partner only, shall ensue by his death or a breach of some stipulation in clause 2. In this event, his copartners or copartner shall carry on the business upon the terms of these presents (including this clause); shall,at the then next stock-taking, ascertain the value of his share in the partnership property, and secure to him, his executors or administrators, by bond, the payment thereof (and of his share in the profits from the time of such determination up to such stock-taking) by four equal instalments at the expiration of the first and three succeeding half-years from the day of such stock-taking, (with interest on each such half-yearly day, on the then unpaid amount, at £ per cent, per annum) ; and shall execute to him and them an indemnity by bond against the partnership liabihties. Provided that the determining partner, his executors or administrators, shall execute to his copartners or copartner a release of his partnership interest (33). In witness, &c. No. 226. Partnership between Tioo Farmers, with Equal Division of Profits; Purchase of half the Stock hy the Partner entering the Business, and Provision for the Purchase of a deceased Partner's Share. THIS INDENTURE, &c., between (A. B.) of the one part and (a) The day fixed for the yearly (or half-yearly rest) is sometimes different from that of the partnership term. In this case a slight modification of the lan- guage becomes necessary. ixstru.mi:nts of coi'autxkrsiiip. 273 (C. D.) of the other part, witncssctli that, for cffectuatiug the after- mentioned agreement of partnership, the said A. B., in consideration of <£500 paid to him by the said C. D., assigns unto the said C. D., his executors and administrators, one moiety of the goodwill of the farming business heretofore carried on by the said A. B. on the pre- mises known as farm, at , in shire, with the live and dead stock employed in the said business; And further, that the said A. B. (7) : It being further agreed that the parties shall constitute a partnership firm (under the style of ) in the business of farmers, upon the terms following (that is to say) : — 1. The partnership shall subsist for fourteen years, subject to deter- mination at the end of the first seven years by six calendar months previous written notice on either side {a), and at any time by the death of either partner. 2. The partnership capital consists of the live and dead stock for the time being employed in the said premises, and of .€1000 paid in equal moieties by the parties to the credit of the said firm at tlieir bankers (Messrs. ). The parties arc entitled to the capital and profits in equal shares, the outgoings of the business (so far as the profits and capital are insufficient to meet the same) being defrayed by the parties equalh^ 3. The business shall be carried on at farm aforesaid, wliicli the partnership shall rent of the said A. B. (excepting the dwelling- house, grounds and walled garden, which are to be reserved for his private vise) as yearly tenants from the day of , at the rent of £ , payable by equal half-yearly payments commencing the day of . Provided, (1) That the said tenancy shall deter- mine at the end of calendar months from tlie expiration, deter- mination, or dissolution of the partnership. (2) That the said CD. shall not reside upon the said premises. 4. Each partner may draw £ quarterly on account of his share of profits, but so that, at the expiration of each year in which the aggregate (the rest as in Clause 5 of No. 225). 5. {Identical with Clause (5 in No. 225). (a) Cliiuses 2 and 4 from Precedent No. 225 may be inserted, if desired, but they would hardly be rcfjuired for :i business of this kind. T 274 INSTRUMExNTS OF COPARTXERSIIII'. 6. At the expiration or determination of the partnership, a similar stoek-taking and balancing of acconnts to that stipiilated by clause 5 shall be made, on the completion of which the partnership property shall be equally divided, and mutual releases and indemnities executed between and by the parties, their respective executors and administra- tors; unless (in the case of determination) the non- determining partner shall be desirous of purchasing the other's share in the part- nership property, and shall signify in writing such desire to him, his executors or administrators, within weeks from determination. In this event, the party purchasing shall, on completion of the stock- taking aforesaid, secure to the determining partner, his executors or administrators, by bond, the payment of his said share (according to the value then ascertained) by equal instalments, at the expira- tion of the first and succeeding half-years from the determina- tion (with interest on each such half-yearly day on the then unpaid amount, at the rate of £ per cent, per annum), and shall also execute to him and them an indemnity by bond against the partner- ship liabilities : Provided that the determining partner, his executors or administrators, shall execute to the party purchasing a release of his partnership interest (33). In witness, &c. No. 227. Dissolution of Partnership between Tivo Partners, one con- tinuing in the Business (a). THIS INDENTURE, &c., between (A.B.) of the one part, and (C. D.) of the other part, witnesseth as foUows : — 1. For efi^ectuating an agreement for determining the partnership business of , heretofore carried on by the said A. B. and C. D., under articles dated, &c., and in consideration of one moiety of the profits of such business up to the day of last having been received by the said A. B., (and of £ secured to him by the bond bearing even date herewith of the said CD., being the value of the share of the said A. B., as ascertained by a stock-taking and account stated (a) Thia is of course usually the case. INSTRUMENTS OF COrARTNERSIIIP. 275 between the parties of the partnership property) ; and also in consi- deration of an indemnity against the partnership liabiUties, by bond bearing even date herewith (in the penal sum of £ ) executed to the said A. B. by the said C. D. ; The said A. B. releases unto the said C. J)., his executors and administrators all interest of the said A. B. in the property and business of the said partnership, with power for the said C. D., his executors, administrators and assigns, in the name of the said A. B., his executors or administrators to recover, receive and give receipts for the same premises. 2. The said A. B. for himself {Covenant as in Precedent, No. 208). 3. For the consideration aforesaid, each of the parties hereto releases the other of them, his heirs, executors and administrators, from all claims in respect of the said partnership, and from all legal and equitable proceedings under the said articles or otherwise for enforcing the same. Provided that this release shall not discharge the said C. D., his heirs, executors or administrators, from his and their liability under the said bonds of even date herewith. In witness, &c. No. 228. Memorandum and Articles of Association under fhe Joint Stock Companies Act, 1856. MEMORANDUM of Association of tlic Company (limited), with Articles of Association annexed. 1st. The name of the Company is the Company (limited). 2nd. The registered Office of the Company is to be cstablislicd in England. 3rd. The objects for which the Company is established arc primarily, &c. ', secondarily, &c. (a). 4th. The liability of the Shareholders is limited. 5th. The nominal capital of the Company is £ , divided into shares of £ A. each. (a) State these concisely , care being taken not to adopt too narrow a description which might impede the subsequent extension of the Couipaiiy's o^KM•.•^tion^. T 2 276 INSTRUMENTS OF COrARTNERSIIIP. I. Shares AND Capital. a. Generally. h. New Capi- tal. e. Calls and Advances. We the several persons whose names and addresses are subscribed, are desirous of being formed into a company in pursuance of this memorandum of asso- ciation, and we respectively agree to take the number of shares in the capital of the company set opposite our respective names. {Schedule of names and addresses). Limited Company. Articles of Association of the Company {Limited) (a). It is agreed as follows : — 1. The shares shall be numbered in succession (begin- ning with No. 1), and the number of each share (with the existing holder's name and address, and the am cut paid thereon), shall be entered in a book, to be called The Register of Shareholders, each shareholder being entitled on payment of one shilling, to a certificate under the company's seal (endorsed by the secretary) of the particulars of the share or shares held by him. Provided (1) That the first-named of joint shareholders shall be deemed the shareholder for all pvirposes of these articles. (2) That a person paying money on a share or signing these articles, shall be deemed to have accepted the same. (3) That £ per share shall be paid upon allotment. 2. New capital may be created in shares (preferential or otherwise, and of the nominal value of £ A. or more each), which shall be first offered at par to the existing shareholders in proportion to their shares. The new capital shall be deemed original for all pui'poses of these articles. 3. Fourteen days notice shall be given of calls, which (a) No instrument will be passed by the Registrar which is not in the shape of articles or resolutions. The Act prescribes no necessary form for these ; but the arrangement of Table B. is commonly adopted, and has been followed above, with some trifling variations. If desired, the table may be more closely followed, by numbering the clauses separately, and embodying the schedules with the text. INSTRUMENTS OF COPARTNERSHIP. 277 shall not exceed £ per share at one time, and shall bear interest at £5 per cent, per annum from the day fixed for payment. Advances may be made in anticipa- tion of calls, and bear interest (while in advance) after the rate aforesaid. 4. The transfer of shares shall be by deed only, in d. Transfer the form set forth in the Schedule to the Joint Stock jjon ^f shares." Companies Act, 1856, a memorial being entered in a book, to be called The Register of Transfers, and the entry endorsed by the secretary upon the deed. Persons becoming entitled otherwise than by transfer may be registered as shareholders, or, in the case of paid up shares, have any other person registered in their place ; subject in the latter event to the execution (and produc- tion to the company) of such transfer as aforesaid to the nominee, and subject in either event to the pro- duction of any evidence of title required by the company. Provided (1) That the transfer books shall be closed for two weeks next preceding the after mentioned ordinary general meetings. (2) That the first named executor or administrator of a deceased shareholder shall represent such shareholder for all purposes of these articles. (3) That the company shall have a lien for any shareholder's debt to them upon his shares, and imtil payment may decline to register any transfer thereof. (4) That the company may purchase, hold and sell shares. 5. The shares shall be forfeited to the company by e. Forfeiture nonpayment of the respective calls thereon within of shares. days after a requisition for such i)aymcnt (signed by one or more directors) shall have been posted to the shareholder's registered address, but so that the for- feiture of any share shall not discharge the shareholder's liability for the unpaid calls thereon. G. There shall be two ordinary general meetings of n. (Jenkral the company yearly (on the first Thursday in April and Meetisos. October), for transacting the business specified in the 1st schedule hereto, the quorum of such meetings l)ring 278 INSTRUMENTS OF COPARTNERSHIP. or more shareholders holding together at least shares. Provided that the October meeting shall be adjourned from week to week until completion of the business specified in the second part of the saic schedule. b. Special. 7. Special general meetings for any of the objects specified in the second schedule hereto may be called at any time by a circular notice to all shareholders, posted to their registered addresses, not less than seven or more than fourteen days before the meeting, and speci- fying its time, place and object : They may be called by the directors, with or without requisition (or by the requisitionists, being or more shareholders, holding together at least shares, if the directors shall not call the same within days after a written requisi- tion to that eflfect left at the company^s office), and their quorum shall be or more shareholders, holding together at least shares. Provided (1) That two- thirds of the votes of the shareholders present (either personally or by proxy), and not declining to vote, shall be requisite for creating new capital, or purchasing any business of a nature not comprised in the company^s primary objects. (2) That no special meeting shall transact any other business than that specified in the circular (a) . (3) That a special meeting may, by a special resolution pui-suant to the said act, make, alter, and amend the company's rules or dissolve the company. c. Generally. 8. The following rulcs are applicable to all general meetings: — (1) The chair shall be taken by the chair- man of directors, if present and willing; otherwise by such director as the meeting shall elect, or (if no director shall be present and willing) by such shareholder as the meeting shall elect. (2) All questions shall be decided by show of hands, unless a poll shall be demanded by (a) It is frequently convenient to hold a special meeting at the time of an ordinary meeting. In this case the notice should run " Immediately after the ordinary meeting on next," &c., the two being kept wholly distinct. INSTKUMENTS OF COPARTXERSIIIP. 279 or more shareholders holding together at least shares. (3) The shareholders shall have votes proportionate to the number of shares held by them, according to the scale in the third schedule hereto ; Proxies (for any particular meeting and its adjournments) shall be valid if signed by the shareholder and left at the company's office at least forty-eight hours before the meeting, (and each shareholder may hold fifty such proxies, or less) ; And the chairman shall have a casting vote. ( i) The place of meeting shall be tlie company's office ; or if the directors shall so appoint, or (in the case of a special meeting not called by themselves) shall refuse the use of the office, any other place : And every meeting shall be ipso facto dissolved when the quorum is not present within an hour from the appointed time of meeting. (5) Meetings may be adjourned and notice given of the adjournment, and every adjourned meeting shall be a continuation of the meeting from which it was adjourned. (6) For the purposes of voting, the term shareholder shall import the registered holder (if not originally, for w eeks at least before the meet- ing) of a share or shares on which all calls have been paid, and who has no interest adverse to the question put to the vote : Provided that no vote shall be objected to under this clause except at the meeting where the same is tendered ; and that persons under disability may be represented by guardians and committees. 9. The officers of the company are (1) elective: The Hi. Offi- ( KKS. directors and auditors, who shall be elected annually ^ Generally, (the number being either varied or not) at the October meeting, and be re-chgible, the first directors being, ice, with power to increase their number to ten. (2) Non- elective : The secretary and soheitor, who (with all servants of the company) shall be appointed by the directors, shall hold office during good bchaxiour, and shall be removable (and their remuneration be fixed), either by the directors or by any special meeting. Any officer mav retire bv davs written notice left at tors 280 INSTRUMENTS OF COPARTNERSHIP. the company's office ; the offices shall be vacated (without prejudice to the officers' acts previous to such vacancy) by bankruptcy, insolvency, compounding with creditors, mental incapacity, or want of qualification (where re- quired) ; and on occasional vacancies of the elective ofiicers, the directors may make (out of qualified share- holders) an interim appointment, determining at the end of the year of office, and subject to the power of a special meeting to fill up such vacancies. h. The Direc- 10, The direction of the company shall be regulated by the clauses following, viz. : (1) The director's quah- fication shall be ten shares (or more) a piece; they shall be at least, and not more than ten in number ; and of the directors shall retire annually on the day of the October meeting, the persons to retu'e being fixed by ballot among the directors until all the first directors have retired, and then according to seniority of office. (2) The directors' meetings shall be in their own discretion and be regulated by their standing orders, except that the quorum of such meetings shall be at least, and that no director shall have more than one vote as such, or be entitled to vote or act as such in relation to any contract in which he is interested. A chairman of the directors (who shall be entitled to a casting vote at their meeting) shall be chosen at their first meeting in every year, his place being supplied on any vacancy by a fresh choice, and, if absent, by the directors appoint- ing one of themselves to take the chair. (3) Subject to the regulations of the said act and these articles, and to any father regulations (which shall not invalidate the directors' previous acts) prescribed by a general meeting, the directors shall manage the company's affairs with all such powers as are not hereby or by the said act made exercisable by general meetings, and particularly with the powers specified in the 4th schedule hereto ; the power of raising new capital and of purchas- ing any business of a nature not comprised in the com- INSTEUMENTS OF COPARTXERSIIIP. 281 pany^s primary objects being subject to the sanction of such majority of the shareliolders as provided by the 7th of these articles. (4) The directors shall make a general yearly report at the October meeting, and shall deliver to the auditors weeks at least before both ordinary meetings the accounts for the preceding half-year, with a balance-sheet signed by three directors at least, of whom one shall be the chairman : And such balance- sheet, with the auditor's report thereon, shall be read at the ordinary meeting next ensuing. 1 1 . There shall be two auditors of the company, who c. The Audi- may be shareholders, and may inspect the company's accounts at all times, and report, if they shall think fit, on the propriety of any alterations in the mode of keep- ing and balancing the same. The auditors shall report on the accounts and balance-sheet delivered to them pursuant to article 10 within weeks from such delivery, and may either confirm the same or report specially thereon. 12. The secretary's duties are specified in the fifth d. The Secre- tary. schedule hereto. In case of his absence or temporary incapacity, the directors may appoint an interim secretary. 13. Dividends shall be payable out of profits only, and IV. Divi- the declaration thereof shall be subject to the sanction of some general meeting, and to the reservation by tlie directors, if they shall think fit, of a fund of any amount for the purposes of the company. Provided (1) That any shareholder's debt to the company shall be deducted from the dividend payable to him. (2) That dividcmls unclaimed for three years after notice of the declaration thereof shall have been posted to the registered address of the shareholders entitled to the same, shall be for- feited to the company. (3) That as against the com- pany no dividend shall bear interest. ( t) That tlic reserved fund shall be cither invested or not, at the directors' discretion, but all investments thereof shall be subject to the sanction of some gonoral moctiiif,^ I 282 INSTRUMENTS OF COPARTNERSHIP. V. Docu- ments OF THE Company. VI. Dissolu- tion. VII. Gene- rally. 14. The company's documents shall be kept at the principal office, and the shareholders may require copies (at 1^. each) of these articles and tlie register books, and may also without fee inspect and copy all documents of the company. Provided (1) That (except during the twenty days preceding the April and October meetings) the inspection of the company's documents shall be subject to the written consent of three directors. (2) That the register of shareholders shall be con- clusive evidence of the title to shares. (3) That share certificates shall be 2)nmd facie evidence of such title, and signed and sealed entries in the books, and signed and sealed copies of the rules and registers shall be jjrimd facie evidence of such entries, rules and regis- ters, and the validity thereof respectively. 15. When tAvo-thirds of the subscribed capital has been lost or become unavailable, the directors shall take the necessary steps for winding up the company under the said Act. 16. Provided (1) That (except as herein incorporated) the provisions of Table B. shall not apply to the com- pany. (2) That a shareholder's signature to these articles shall be deemed a confirmation by him of all acts done by or in relation to the company (as well before as after its establishment) up to the date of such signature. The 1st Schedule. Business of Ordinary Meetings. The 1st Part. Business common to both Meetings. 1. To receive the directors' and auditors' reports, and pass accounts. 2. To examine the books and take stock. 3. To declare diAddends. 4. To authorize the forfeiture, purchase and sale of shares to and by the company. INSTKUMENTS OF COPARTNERSHIP. 283 5. To confirm the directors^ acts under their powers, and to deliberate generally on the company's affairs. The 2nd Part. At the October Meeting only. To elect and fix the remuneration of the elective ofiicers. The 2nd Schedule. Objects for which Special Meetings mag be called. 1. To fill up occasional vacancies of the elective officers, and to remove and fix the remuneration of the non-elective officers and the company's servants. 2. To vote new capital, to sanction the purchase of any business of a nature not comprised in the company's primary objects, to return to the company (conformably with the said Act) any subscribed capital not required for the company's purposes, and to vary the amount of any reserved fund. 3. To transact any business specified in the first part of the first schedule, and any other business submitted to them by the directors. The 3rd Schedule. Scale of Votes. A shareholder holding 1 and not more than 5 shares, shall have 1 vote. 6 „ 10 „ 2 votes. 11 „ 30 „ 3 votes. 31 „ 50 „ 4 votes. And 4 votes additional for every 50 shares. The 4th Schedule. Special Poivers of Directors. 1. To raise new capital (but see Articles 7 and 10). 2. To raise money (not exceeding in the whole the aggregate of the unpaid up capital and of two-thirds of the actual expenditure on the purchase of land and the purchase or construction of works) upon the security of the company's property, or on the bonds, debentures, 284 INSTRUMENTS OF COPARTNERSHIP. loan notes or promissory notes of the company^ or any other available security. 3. To purchase or rent any land for .the construction of works, and also any existing works, stock or apparatus, and any established business conducive to the company's said objects, whether primary or otherwise (but see Articles 7 and 10) ; also to construct works on the company's lands, and to sell, exchange or lease any property of the company, applying the monies arising thereby as capital. 4. To make, issue, indorse or accept all such bills of exchange, debentures, promissory notes and loan notes, and to create and incur on behalf of the company, by contract or otherwise (not exceeding the usage of the trades contracted or dealt with), all such liabilities as the companj^'s business shall require. 5. To invest the monies in their hands (not required for the company's business, or as a reserve fund) in or upon any stocks, funds, shares or seciirities, not being {investments objected to should be here specified), and to vary the existing investments thereof. 6. To compound for or abandon debts to the company, and to allow time for payment thereof, either with or without composition or security. Schedule 5. Duties of the Secretary. 1 . To attend all directors' and general meetings ; to miimte the proceedings at such meetings, and to record and report to the October meeting the directors' attendances at these meetings. 2. To make all entries, endorsements and copies, and give all notices required by the articles, and to make such other entries, and perform such services as the directors shall require. 3. To keep the company's seal, and affix it to the minutes and entries in the registers, and elsewhere, as the directors shall require. 4. To receive and report to the directors' meetings all resignations, requisitions for meetings, and other matters to be brought under their consideration. (Names and Addresses of Subscribers). MISCELLA^'EOUS INSTRUMENTS. 285 Sect. 4. MISCELLANEOUS INSTRUMENTS. (Precedents 229 to 234). No. 229. Deed of Composition with Creditors. THIS INDENTURE, &c., between (A. B.) of the first part, (C. D.) find (E. F.) of the second part, and the other persons whose names and seals are hereunder signed and set (being creditors of the said A. B.) of the third part, witnesseth as follows : — ] . The said A. B. assigns unto the said C. D. and E. F., their executors and administrators all the personal property of the said A. B. (with power for the said C, D. and E. F. and the survivor of them, his executors or administrators, or their or his assigns, or his or their substitute or substitutes, in the name of the said A. B., his executors or administrators, to recover, receive and give receipts for the same premises), Upon trust that the said C. D. and E. F. and the survivor of them, his executors or administrators, or their or his assigns, shall realize the said premises either by sale or otherAvise (with absolute discretion as to the conditions, time and mode of sale, and with power to buy in and resell the premises, to contract and rescind contracts, and to execute assurances), and shall pay the monies realized, with all intermediate income (after satisfying all expenses of the trust and of the prepai'ation of these presents), to the creditors of the said A. B. rateably, according to tlieir respective debts. Pro- vided (1) That the said trustees or trustee may allow the said A. B. to retain any wearing apparel or household furniture; may employ, at such remuneration as they or he shall think fit, any person or persons (including the said A. B.) in winding up the affairs of the said A. B. ; may abandon or compound any suit or action ; and may at all tinu's pay in full any creditor whose del)t is under .€ A. (2) That all 286 MISCELLANEOUS INSTRUMENTS. monies for the time being in the trustee's hands above £ shall be paid into tlie banking house of Messrs. . (3) That the trustees' receipts shall discharge all persons paying purchase or other money or transferring trust property from liability in regard to the application thereof. (4) That the surviving and continuing {the rest as in (42), Clauses 2, 3(a) and 4). 2. In consideration of the foregoing assignment, the said parties hereto of the second and thu'd parts release the said A. B., his heirs, executors and administrators, from all debts or claims due from him to the said parties hereto of the second and third parts respectively, and from all legal and equitable proceedings for recovering and enforcing the same. {b) [3. Provided (1) That no creditor's specific secui'ity, of which he shall have delivered a written account to the said trustees or trustee, shall be prejudiced by these presents ; but so that no creditor holding a specific security shall be entitled to a dividend in respect of any debt not so secured, unless he shall vest the security or securities held by him in the said trustees or trustee upon the trusts and subject to the clauses and provisoes herein expressed. (2) That imless executed on or before the day of by all creditors of the said A. B. (whose debts are above £ A.), these presents shall become inope- rative for all purposes, and the said A. B., his executors or adminis- trators, shall be entitled, at his and their cost, to a reassignment of the premises hereby assigned (so far as the same shall not have been realized), and to all monies then in the trustee's or then' bankers' hands. (3) That if while these presents shall continue in operation, the said A. B. shall be arrested, or any legal or equitable proceedings be commenced by a creditor or creditors who have not executed the same, the said trustees and trustee shall bail the said A. B. and discharge (with or without defending the same and either by way of compromise or not) such creditor's debt or debts, with all expenses.] In witness, &c. (a) Substituting in clause 3 after responsible, " for omitting to realize any of the premises notwithstanding." (b) These clauses in brackets might be omitted in many Composition Deeds. MISCELLANEOUS INSTRUMENTS. 287 No. 230. Workman's Agreement with a Mining Company abroad. AGREEMENT made this day of , between tlie Company of the one part, and (A. B.) of the other part, as follows : — 1. The said Company engage the said A. B. as at their mines in , for years from the present date, at the yearly salary of £ , payable by equal weekly payments commencing at the end of the first week after the said A. B. shall have landed in . 2. The said Company are to defray all expenses of the said A. B., not exceeding £ , from the present date to the time of his landing in . 3. The said A. B., dnring the continuance of this engagement, is to be entirely under the orders of the Company's mining agent, and to employ himself for the Company's benefit at their mines as such agent shall direct. 4. This engagement may be determined at the end of the third year by weeks previous written notice from the Company's agent to the said A. B., or at any time by one week's written notice from the said A. B. to the Company's agent, who may also at any time dis- charge the said A, B. by one week's written notice to him, if he shall fail to observe the stipulations herein on his part contained. 5. If this engagement shall have continued three years, the Com- pany shall (except in the event of the said A. B. being discliarged under the preceding clause) defray his expenses (not exceeding .€ A.) from the expiration or determination of the engagement to the time of his landing in England. 0. If this engagement shall not have continued three years, the Company shall (except in the event aforesaid) defray all expenses of the said A. B. from determination thereof to the time of his landing in England, not exceeding the respective sums following (that is to say) : — If the engagement shall have continued two years or more, the sum of £ (a), if one year and less than two years, the sum of £ (6), and if less than one year, the sum of £ (r). (o) Two-thirds off A. («) One-third of £ A. («) One-sixth of £ A. 288 MISCELLANEOUS INSTRUMENTS. 7. That under no circumstances shull the said Company be liable to make any payment to or on behalf of the said A. B.^ except as herein specified. In witness, &c. No. 231. Deed of Agency from Brewers in the Countnj to a London Agent. AGREEMENT made this day of , between (A. B.) and (C. D.) of the one part, and (E. F.) of the other part, as follows : — 1. The said A. B. and C. D. engage the said E. F. as their sole agent in London and within ten miles therefrom (measured from the INIansion House), for the sale of the ales brewed by the said A. B. and C. D., from the day of , for the term of five years : Provided that all ales sold and delivered by the said E. F. shall be invoiced in the names of the said A. B. and CD. 2. The said E. F. shall conduct the business at such office or offices as he shall think fit, and shall also occupy suitable cellars for ware- housing the ales consigned to him by the said A. B. and CD. 3. The ales consigned as aforesaid shall be delivered at the cellars free of cost to the said E. F. ; but all expenses of or incidental to the sale and delivery thereof to customers, subsequently to such warehouse delivery (including the rent and outgoings of such office or offices and cellars as aforesaid, the discount to customers, the expenses of adver- tising, and the salary of all persons employed by the said E. F. for the purposes of these presents), shall be borne by him exclusively. 4. The said E. F, shall receive, and may in the first instance retain from all monies in his hands as such agent as aforesaid in priority to all other payments thereout (and without reference to the particular sale or sales from which the same may have arisen), the commissions following, viz. : 8^;. per bai'rel on all ales sold at 45;y. per barrel (being the present selling price of the best ales), and a sum calculated in the same proportion of eight 45ths of the selling price on all ales sold at any greater or less price than 45s. per barrel, and also on any quantity less than a barrel. MISCELLANEOUS INSTRUMENTS. 289 5. The said E. F. may allow tliree calendar months (or less) credit from dehvery to any customer, but may not, without the written consent of the said A. B. and CD., allow any larger credit. Pro\ided that all credit allowed by the said E. F. (whether with consent or not) shall be at the ultimate risk of the said E. F., who shall make good to the said A. B, and C. D. (less such commission as aforesaid) the value of all goods sold by him as their agent. 6. The said A. B. and CD. may at all times enter the offices and cellars of the said E. F., and inspect the condition and mode of ware- housing the ales, and take stock thereof, and may also inspect the books of account of the said E. F. ; and the said E. F. will make any alteration in the mode of warehousing or keeping accounts required by the said A. B. and C D. 7. The said A. B. and C D. shall at all times consign to the said E. F. such quantity of ales as he shall be capable of warehousing, and at their own cost remove from his cellars all ales which shall be unsale- able from inferiority of quality (reimbursing him all expenses attendant thereon) ; and also shall not, within five years from the present date, (unless this agency shall determine by the death of the said E. F., or by virtue of the subsequent proviso) appoint any agent other than the said E. F. for the sale of their ales within the district aforesaid, nor directly or indirectly sell the same to any person within such district; It being agreed that the said E. F. shall receive (and may retain as aforesaid) as liquidated damages the same commission on all goods sold in breach of this stipidation as he would have been entitled to if sold by liimself. 8. Provided (1) That at the determination (othermse than b}- \ irtuc of the next clause) of this agency, the said A. B. and C D. shall, within one calendar month from determination thereof, pay to the said E. F., his executors or administrators, as a compensation for his loss of profit and expenses, a sum equal to per cent, upon the average of his commission during the calendar montlis then next preceding, or (if less than months have elapsed from the present date), then from the present date. (2) That tliis agency shall ipso facto determine (without prejudice to any right or remedy of the said A. B. and ('. 1 ). ) iipon any fraud eonmiittcd by the said E. F., or upon liis failing to observe any stipulation herein on his part contained for weeks u 290 MISCELLANEOUS INSTRUMENTS. after written notice by tlie said A. B. and C. T)., requiring him to observe the same, shall have been posted to his address above written. In witness^ &c. No. 232. Deed of Sub-Agency i7i London for the Sale of Ales consigned hy a Country Brewer (a). AGREEMENT made this day of between E. F. of the one part, and Gr. H. of the other part, as follows : — 1. The said E. F. engages the said G. H. as his agent in London, and within ten miles thereof (measured from the Mansion House), for the sale of the ales brewed by Messrs. (A. B.) and (C. D.), of , in shire (and consigned by them to the said E. F. as their sole agent within the district aforesaid, pursuant to an agreement bearing even date herewith) from the present date for the term of five years, or such part thereof as the agency of the said E. F. under the said agreement shall in fact subsist. Provided (1) That all ales sold and delivered by the said G. H. shall be invoiced in the names of the said A. B. and C. D, (2) That the said G. H. may not, without the written consent of the said E. F., allow any longer credit than three calendar months from delivery to any customer. 2. The said E. F. shall appoint all persons employed in the business of this agency, and shall also direct at what office or offices the same shall be carried on. 3. All expenses (not defrayed by the said A. B. and CD.) of or incidental to conducting the business of this agency (including the sale and delivery of goods to customers, the rent and outgoings of such office or offices as aforesaid, and of the cellars occupied by the said E. F. for warehousing the ales consigned to him as aforesaid, the discount to customers, and the salary of all persons employed in the business of this agency), shall be borne exclusively by the said E. F. 4. The said G. H. shall receive and may in the first instance retain («) See the preceding Precedent. MISCELLANEOUS INSTRUMENTS. 291 from all monies in his hands as such agent as aforesaid, in priority to all other payments thereout (and without reference to the particular sale or sales from which the same may have arisen), a £o per cent, commission (less one moiety of all bad debts made dm'ing this agency), 1 st ; Upon the gross amount of the commission to which the said E. F. is entitled (under the said agreement of even date herewith) upon the monies in the hands of the said E. F. and G. H. respectively as such agents as aforesaid ; 2ndly Upon the gross amount of all monies which the said E. F. may be entitled to receive as compensation or liquidated damages under the same agreement; It being agreed that, for the purposes of this clause, all debts shall be considered bad which shall not be paid at the expiration of calendar months from the making thereof (and whether the credit thereon shall have been given or not in respect of goods sold by the said E. F., and whether or not with the consent of the said A. B., C. D. and E. F., or any of them); But so that the said G. II. shall receive and may retain as aforesaid (Avithout being subject to such deduction as aforesaid) a sum equal to the amount ultimately paid in respect of every such bad debt. 5. Proviso for determination as in the precediuf/ Precedent, clause 8, s. (2); also proviso that G. II. shall not he deemed a partner. See Precedent, No. 207, c. 8). In witness, &c. No. 233. Determination o/ Agreement /or tvorkinc/ a Patent Invention. AGREEMENT made this day of between (A. B.) of the one part and (C. D.) of the other part as follows. The said parties determine the agreement between them, dated, &c. (under which they have for some time past worked an English iiatont, dated, &c. for the alleged invention of the said A. B. mentioned in the schedule hereto) upon tlie terms following (that is to say) : — 1. The said A. B. shall upon the execution hereof pay to the said C. D. £ , on account of his disbursements in obtaining a French, Belgian and other foreign patents fi)r the said invoition, and r 2 2!) 2 iMISCELLANEOUS INSTRUMENTS. applying for an American (United States) patent for the same^ and generally in AA'orking the said English patent under the said agree- ment ; and shall pay to the said C. D. the residue of his said disburse- ments by equal moieties at the expiration of the first and second half- years from the present date^ with interest on each such half-yearly day on the then unpaid amount of such residue at £ per cent, per annum. 2. The said C. D. shall be entitled absolutely to the said Belgian patent. He shall also be entitled to the said United States patent, if obtained ; otherwise, to the deposit made on the application for such last mentioned patent (when returned by the United States Govern- ment), and to such one other of the said foreign patents (not being the said French patent) as he shall select. 3. The said A. B. shall at the cost of the said C. D., his executors, administrators or assigns, do all acts required for vesting in him or them or facilitating his or their recovery of the patents and deposit (or any of them) to which he or they shall become entitled under the preceding clause. 4. Excepting as herein otherwise mentioned, the benefit of the said invention, and all present and future patents for the same, shall belong exclusively to the said A. B., his executors, administrators and assigns. In witness, &e. No. 234. Contract tvith Builders /or the Erection of Two Dwelling Houses. AGREEMENT made this day of , between (A. B.) and (C. D.) of the one part, and (E. F.) of the other part, as follows : — 1. The said A. B. and C. D. shall, in consideration of £1200 to be paid to them by the said E. F. as hereinafter mentioned, forthwith at their own cost build and complete, fit for a tenant^s occupation, upon the piece of ground described in the fii'st schedule hereto, two dwelling- houses, with the out-buildings fencing and other works appearing by the elevation plans and specification signed by the said A. B., and MISCELLANEOUS INSTRUMENTS. 293 C. D., aud Huuexed as the second schedule hereto; Such buildings to be pursuant to the elevation plans and specification aforesaid, and to be in all respects to the satisfaction of X. Y., the surveyor of the said E. F. 2. The said A. B. and C. D. shall, at their own cost, make good all damage to adjoining property consequent upon such building as aforesaid, and cart away all rubbish and superfluous earth ; And shall at the like cost keep the said buildings (until possession thereof is delivered to the said E. F.) insured against fire in £ in the office, and deliver the policy and receipt for the current premium thereon to the said E, F. ; The monies recovered under such insurance being applied in reinstating the premises under the direction of the said X. Y., and the said A. B. and C. D. making good any deficiency. 3. The said dwelling-houses shall be covered in by the A. day of A., and the whole of the buildings completed by the B. day of B. ; the said E. F. being entitled to receive as liquidated damages (and retain in the first instance out of any monies payable by him under this agreement) .€5 for every week after the said B. day of B, during which the said buildings shall continue incomplete or unfit in any respect for a tenant's occupation, and also £o for every week after the said A. day of A. and up to the said B. day of B., during wliich either of the said dwelling-houses shall continue not covered in. 4. The said X. Y. may require the said A. B. and C. D. to dismiss workmen, to replace materials with others of a better quality, and to employ additional workmen and materials. In the event of their omitting to do so for days after his written requisition to tl\at effect, lie may in his option either hire any additional worknu-n (and purchase any additional or other materials), or discharge the said A. B. and C. D. and employ any other person or persons to complete the said buildings; the cxpenccs under this clause l)eing retained by tlie said E. F. out of any monies payable by him under this agreement. Pro- vided (1) That in the event of the discharge of the said A. B. and C. D. by virtue of this clause, any balance due to them under this agreement shall not be deemed payable until the end of one calendar month after completion of the buildings, or the expiration of six c:»h>n(hii- months from such discharge, whiclicver shall first hapiuMi. ( 'J ) That 294 MISCELLANEOUS INSTRUMENTS. all materials brought upon the ground and not disapproved of by the said X. Y., shall be deemed the property of the said E. F. and be used in the said buildings. 5. The said E. F. shall pay to the said A. B. and C D., the said sum of £1200 (without interest), by instalments of £150 each for every £200 of work which the said X. Y. shall certify to have been executed mider this agreement, such instalments to be payable within one week from the date of every such certificate. 6. The said A. B. and CD. shall execute the said works with such variations as the said E. E. shall in writing require, the charges for the same being referred to the said X. Y., whose decision thereon shall conclude all parties hereto. Provided (1) That no day-work shall be included in the charges under this clause, unless a written account thereof shall have been delivered to the said X. Y. by the end of the week when the same was performed. (2) That no variation under this clause shall avoid or (excepting to the extent of the time occupied or outlay incurred therein) vary this agreement. 7. If the said X. Y. shall die, the said E. F. may appoint any other person in his place, who shall be deemed the surveyor of the said E. F. for all purposes of this agreement, as if such person's name had been herein inserted throughout instead of that of the said X. Y. In witness, &c. END OF PART IV. APPENDICES. APPENDIX A. SPECIMENS OF ASSURANCES AND AN ABSTRACT OF TITLE PREPARED IN ACCORDANCE WITH THE FORMS IN THIS VOLUME. 297 OBSERVATIONS. The writer has decided (uot without some uueasiness) on oinittiu^ from these Precedents the chiuses known as the " All the estate" clause, and tliu " habendum." The former is clearly neither a necessary nor a convenient appendage to a deed (a), so that the only ground for retaining it would be that of established usage. But this would equally have precluded tin) adoption of other retrenchments now almost universal ; for instance, the omission of the preterite tense in conveyances (" Hath granted and by these presents Doth Grant"), and of the clause in the operative part, commencing, "And the reversion and reversions." As regards tlie " habendum," in addition to this prescriptive claim, it has come to bc' considered not only a convenient but an essential part of a deed. That it is not essential, however, is most clear. Supposing, for instance, the caso suggested by Blackstone of a grant to A. and his heirs, habendum to A. for life. " In this case," (as Blackstone observes) "the habendum would be utterly void, for an estate of " inheritance is vested in A. before tlu- habendum comes, and shall not be divested by it." In other words, the habendum had no operation in vesting the estate, and (the modilieatiou intended by it having fiiiled) the deed was as valid and perfect without it as with it. It might be argued, indeed, that althougli this were true of an unmodified gift, yet that where such a modification was intended, it must, if expressed anywhere, be in tlie habendum. But on this Black- stone's authority is decisive. " The ofiBce of the habendum," he says, " is properly to determine" what estate or interest is granted "by the deed, thouffh this may he performed, and sometimes is performed, in the premises.'''' Why not then always ? This leads to the only remaining point, that of convenience. Now, without denying that the habendum has freciuently been useful in the way of recapitulation, where the parcels and otlier mattei's have run to a great lengtli, still it is clear that tliis reason wouhl cease when a more concise phraseology was adopted ; while there appear.s to be no reason at all why subdivisions and qualifications of interest niav not be expressed at least as clearly in the premises as in any sul)sequent clause. It will be observed that the receipt clause is also omitted iVom tlio present forms. As is well known, this clause is wholly useless wilhoui the indorsed receipt for the consideration ; and with il, it is (>b\i(ius[v superfluous. (a) There is some tradition extant of u rent-chargo which, haviti}r eluded tlio other snares laid for it by conveyancing ingenuity, at length l)craino entangled in the meshes of an " All the estate" clause. 298 APPENDIX A. 1. CoNVEYAKCii of FeEEIIOLDS. THIS INDENTUEE made the 5tli day of August 1855, Between Johu Travers, of Walthamstow, in Essex, Esq., of the one part, and Edward Gidley of Lewisham, in Kent, Esq., of the other part, wituesseth as follows. 1. The said John Travers, in consideration of 1500Z. paid to him by the said Edward Gidley, Grants unto the said Edward Gidley and his heirs the hereditaments described in the schedule hereto, with their legal or usual appurtenances. 2. It is declared that no widow of the said Edward Gidley shall be dowable out of the premises. 3. The said John Travers for himself, his heirs, executors and adminis- trators, covenants with the said Edward Gidley, his heirs and assigns, that, notwithstanding any thing done or knowingly suffered by the said John Travers, he is entitled to execute this grant of the premises, free from incumbrances ; and that he and every person claiming under or in trust for him will, at the cost of the said Edward Gidley, his heirs and assigns, do all acts required for perfecting such grant. In witness, &c. The Schedule above referred to. Parish of Walthamstow, in Essex, fart of " SicFs Farm.'^ No. and Name. Description. Contents. Occupation. Parish Majp 273 Barn Close 274 The Hollies 275 Copse Meadow Arable A. E, P. Charles Selves Ditto Ditto 2. MOETGAGE of FeEEHOLDS. THIS INDENTUEE made the 11th day of June, 1856, between Da\nd Walters of Hastings, in Sussex, brewer, of the one part, and Charles Blackney of the same place, Esq., of the other part, witnesseth as foUows : — 1. In consideration of £1500 paid to him by the said Charles Blackney, the said David Walters, for himself, his heirs, executors and administrators, covenants with the said Charles Blackney, his executors and administrators, that the said David Walters, his heirs, executors, administrators or assigns, will pay to the said Charles Blackney, his executors, administrators, or assigns, £1500, with interest after the rate of £5 per cent, per annum, on the 11th day of December next. 2. For the consideration aforesaid, the said David Walters granti^ unto tlie said Charles Blackney and his heirs the hereditaments described in the SPECIMEN FORM: ^LORTGAGE OF FREEHOLDS. 290 schedule hereto, with their legal or usual appurtenances : Provided that if the foregoing covenant shall be satisfied on the 11th day of December next, the said David "Walters, his heirs and assigns, shall be entitled to a recon- veyance of the premises at his and their cost. 3. The said David "Walters, for himself, his heirs, executors, administra- tors and assigns, covenants with the said Charles Blackney, his heirs, exe- cutors, administrators and assigns, that the said David "Walters is entitled to execute this grant of the premises, free from incumbrances, and that such grant shall, if required, be perfected at the cost (excepting as regards foreclosed or sold premises) of the said David Walters and his estate ; And further, that the said David AValters, his heirs, executors and administra- tors, will pay to the said Charles Blackney, his executors, administrators and assigns, interest after the rate aforesaid on all principal monies con- tinuing hereby secured, by equal half-yearly payments on the 11th day of June and the 11th day of December. 4. The holders or holder of this security (whether varied or not on transfer) may sell the premises, and upon every sale (or attempted sale) and assurance thereof, may deal with the premises and the purchase monies as absolute owners or ovraer, excepting as mentioned in the next proviso (but so that, as regards the purchaser's protection, such ownersliip slidl be deemed absolute without exception) : Provided that the purchase money shall be paid (after discharging expenses and all monies continuing hereby secured) to the said David AValters, his executors, administrators, or assigns ; and that (unless some interest shall be forty days in arrear) no sale shall be made without six calendar months written notice to the said David AValters, his executors or administrators ; such payment and notice as afore- said to the executors or administrators of the said David A\''alters being sufficient as against all persons actually or possibly interested in the equity of redemption, without reference to the nature of tlie premises. In witness, &c. The Schedule, &c. 3. Settlement of Personalty. THIS INDENTURE made the -Ith day of September, 185G, between Charles Standish of Basingstoke, in Hampshire, carpenter, of the tirsst part, Mary Davies of the same place, spinster, of the second part, and Charles Davies, farmer, and John Newton, giMitleman, bofli of Aiulovor, in Hampshire, of the third part ; witncsscth that in considoratiou of an intended marriage between tlie said Charles Standish and Mary Davies, it is agreed as follows : — 1. The said Charles Davies and John New Ion .shall liuld £120. £'.\. per cent. Consolidated Bank ^Vnuuities transferred into their names l»y tlio 300 APPENDIX A. said Charles Staudish, Upon trust, that they and the survivor of them, hia executors or administrators, or their or his assigns, shall either retain or (yubject until the death of both the said Charles Standish and Mary Davies to the written consent of such of them as shall be living) realize the premises and the investments for the time being under this trust and (subject as aforesaid) invest the monies realized in or upon any stocks, funds, shares, or securities, not being Irish or foreign, or the personal seciu'ity of any person. 2. The said trustees or trustee shall (after the said man-iage) pay the income of the said premises ; during the joint lives of the said Charles Standish and Mary Davies, to the said Mary Davies for her separate use (and so that no anticipation thei-eof shall be valid) ; and after the death of either of them, to the survivor during his or her life. 3. Subject to the foregoing trusts, the premises shall be held In trust for such children or child of the marriage and in such manner as the said Charles Standish and Mary Davies shall by deed, or the survivor shall by deed, will or codicil, appoint ; and so far as the same shall be uuappointed. In trust for the children equally (or child, if but one) of the marriage attain- ing twenty-one years or (being daughters or a davighter) marrying, (but so that no child shall take any imappointed share without bringing his or her appointed share into hotchpot) ; and on failure of the foregoing trusts. In trust for the said Charles Standish, his executors and administrators. 4. The said trustees or trustee may (without prejudice to the trusts pre- ceding the creation of such interest) raise, and apply for any minor's benefit, half or less of his or her interest under the trust, and apply the income of any minor's interest for his or her maintenance and education (payment to a guardian being deemed such application) ; and accumulate any sm-plus. Upon the trusts and with the powers of the principal from which the same proceeded or the income thereof. 5. Provided (1) That the trustees' receipts shall discharge persons pay- ing or transferring trust property from liability in regard to the application thereof. (2) That the said Charles Standish and Mary Davies and the survivor, and after such survivor's death the surviving or continuing trustees or trustee, or the executors or administrators of the last surviving or continuing trustee, may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied either at the same or several times and in any order, and every refusing or retiring trustee shall be deemed continuing, for the purpose of supplying (if willing) his own or any other then subsisting raeancy. In witness, &c. SPECIMEN ABSTRACT OF TITI>E. 301 4. Abstract of the Title of A. B. to Fakm, containing/ Acres 07' thereabouts, situate at , in shire {a). 1st Jany. 1726.— BY INDENTUEE between M. and N., his wife, and O., their daughter, of the first part, (P.) of the second part, and X. Y. and Z. of the third part. 1. In consideration of an intended marriage between tlie said P. and O., the said M. granted and the said N. (with the concurrence thereby testified of the said M.) granted and disposed of unto tlie said X. Y. and Z. ami their lieirs, the hereditaments described in the two schedules thereto, with tlieir appurtenances. 2. Covenants for title and further assurance. 3. Declaration that the grant should enure, Until solemnization of the marriage, to the use of the said M. and his heirs. And after solemnization thereof to the use of the said M. during his life ; With remainder as to tho Istly scheduled hereditaments to the use of the said N. during her life, and after her death as to the same hereditaments (and also as to the 2udly scheduled hereditaments after the death of the said M.), to the use of the said P. dui'ing his life ; With remainder to the use of the said O, during lier life ; AYith remainder to the use of the said X. Y. and Z., their executors, administrators and assigns, for the term of 200 years, Upon trusts for secur- ing portions to younger children ; And subject thereto, to the use of the first and other sous successively of the said marriage and the heirs male of their respective bodies ; With remainder to the daughters of tlie said marriage and the heirs of their respective bodies, as tenants in common ; Willi i-emain- der to the use of the said X. Y. and Z., their executors, administrators and assigns, for the term of sixty years. Upon trust that the said X. Y. and Z. and the survivors and survivor of them, liis executors or administrators, or their or his assigns should, (in the event which liappcned of the said O. dying without issue by the said P. living at her death), out of tho income of the premises comprised in the said term, or by sale or mortgage thereof, I'aise £2000 and pay the same to the said ]\[. if he sliould survive the saiil O., otherwise to such person or persons as the said O., whether covert or solo, should by will or codicil appoint, and so that the whole or any part of the same sum, if unappointed, should not be raised ; And subject thereto to (a) This abstract is prepared from an actual original which occupii's one hundred a)id four hr'iiii^ shciitn. It is assumed that the forms of the present work have been employed, and that the law diirinjx the period covered l)y the title stood as at present. 302 APPENDIX A. the use of the riglit heirs of the said P. Provisoes, clauses and powers not affecting the trusts of the said sixty years term or the ultimate limitation to the right heirs of the said P. The 1st Schedule. The 2nd Schedule. Comprising (amongst other hereditaments) the property now sold (with the exception of acres) by the following description, &c. (a). Executed by M. N. O. and P. and acknowledged by N. 30th April, 172G. — The said marriage solemnized. 172G.— M. died. 1730.— N". died. „ 1733. — 0. died without issue. 23rd March, 1737.— BY INDENTURE between Ma. and S. his wife, and Mb. and T. his wife, of the one part, and the said P. of the other part. 1. Eor effectuating an agreement, dated the 14th day of March, 1737, made an order of the Court of Chancery on the 17th day of the same month, (and entered into by the parties to abstracting Indenture for putting an end to the matters in question between them in relation to the validity of the said abstracted settlement or otherwise, in certain causes then lately pending in the said Court) ; And in consideration of £2320 paid to the said Ma. and Mb. pursuant to the said agreement by the said P. (being the aggregate of the principal and interest at £4 per cent, from the death of the said 0., of the sum of £2000 appointed by her will, dated the 20th day of January, 1729, under her aforesaid power in the said settlement, in favour of her mother, who predeceased her) ; The said Ma. and Mb., according to their estate and interest in right of their said respective wives as the coheiresses of the said M. did, and each of them did grant and release, and the said S. and T. with the concurrence thereby testified of their said respective husbands did, and each of them did grant, dispose of and release unto the said P. and his heirs the hereditaments described in schedule thereto with their appurtenances, discharged from all claims of the said S. and T. and the said Ma. and Mb. in right of their said wives or any of them, adversely to the said settlement or other'wise howsoever. 2. Covenants for title and further assurance. Executed by the said Ma. IVIb. and S. T., and acknoAvledged by the said S. and T. Eeceipt for £2320 indorsed. 19th Eeb., 1740. — Death of P. intestate and without issue, leaAiug his brother Q. his heir-at-law. (o) The parcels should be inserted here. SPECIMEN ABSTRACT OF TITLE. 303 2iid April, 1740. — Administratiou to P. by Prerogative Court of Cauterbury. 2nd Mar., 1754. — Deatli of Q. intestate and unmarried, leaving his brother K. his heir-at-law. 24th May, 1754. — Administration to Q. by Prerogative Court of Canterbury. 15th April, 1767. — Death of E. intestate and unmarried, leaving his brother U. his heir-at-law. 11th May, 1767. — Administration to E. by Prerogative Court of Canterbury. 13th Aug. 1734. — U. married, had issue Ua. (born 6th October, 1736), and other children. 28th July, 1778.— AVill of U. 1. Specific and pecuniary bequests to wife and others. 2. Devise of real estate to the use of testator's wife during her life ; remainder to the use of said Ua. during his life ; remainder to the use of V. (the eldest son of Ua.) during his life ; remainder to the use of the first and other sons of the said V, successively, and the heu's male of their respective bodies successively, with remainders over, and the ultimate remainder to the use of testator's right heirs. 3. Provisoes and clauses not affecting the entail as abstracted. Executed by the said testator and attested by tAvo witnesses. 4th April, 1779.— U. died. 12th Nov. 1774.— Ua. married, had issue Y. (born 31st August, 1776) and two other sons. 3rd June, 1784. — Testator's wife died. 10th Octr. 1792.— Will of Ua. de\asing his real estate to tlie use of \. during his life, with remainder to the first and other sons of the said V. successively in tail male, with remainders over, and the ultimate limitation to the use of testator's right heirs. Bequest of testator's personal estate to X. and Y., Upon trust, to realize the same and invest the monies realized and testator's ready money (after satisfaction of his funeral and testamentary dc>bts and legacies) in the purchase of real estate (including chattels real), to be settled to the uses upon the trusts, and subject to the clauses and provisoes subsisting under his will in respect of his real estates lliereby limited in use. 23rd Nov. 1793.— Ua. died. 12th Oct. 1793.— Will of Ua. proved in Court of . 26th May, 1804.— Y. married , had issue W. born 25th January, ISll, and other sons. 4th June, 1833.— Y. died. 17th Jan. 1835.— By deed of disentail between said W. of the one part, and C. D. of the other part : 1. The said W. granted unto tlie said C. 1>. and his lieirs the real estate 304 APPENDIX A. b}-- tlie said will of the said U. limited, &c. (limitationa stated as above abstracted), with their appurtenances. 2. Declaration — that the foregoing grant should enure to the use of the said AV. and his heirs. Executed by both parties, attested by two witnesses. Inrolled in Chancery, 27th January, 1835. 7th July, 1835.— BY INDEJS^TUEE between said W. of the first part, E. spinster, of the second part, G. and H. of the third part, and I. and K. of the fourth part. 1. In consideration of an intended marriage between the said W. and F., the said W. granted unto the said Gr. and H. and their heirs (inter alia), the hereditaments described in the first schedule thereto with their appurtenances. 2. Covenant for title and further assurance. 3. Declaration that the foregoing grant should enure Until solemniza- tion of the said marriage, to the use of the said W. and his heirs ; And immediately on solemnization thereof, to the use of the said Gr. and H., their executors, administrators and assigns, for the term of ninety-nine years. Upon trusts therein expressed ; And subject thereto, to the use of the said"W. during his life, without impeachment of waste ; With remainder to the use that the said E. might receive during her life a yearly rent-charge of £2000 ; With remainder to the use of the said I. and K., their executors, adminis- trators and assigns, for the term of 2000 years. Upon trusts therein expressed; And subject thereto, to the use of the first and other sons successively of the said marriage, and the heirs male of their respective bodies ; With i-emainder to such uses, &c., as the said W. should in manner therein men- tioned appoint, and so far as the same should be vmappointed, to the use of the said W. and his heirs. Proviso. (1) That during the life of the said W., the said Gr. and H. and the survivor of them, his executors or administrators, or their or his assigns might sell the premises, with the discretion of absolute owTiers as to the conditions, mode and time of sale, and with power to contract and rescind contracts, to buy in and resell the premises, and to effectuate every exercise of the power by revoking by any deed or deeds, the uses, trusts, clauses and provisoes therein expressed concerning the premises sold (without prejudice to subsisting moi"tgages and leases), and by the same or any other deed or deeds, appointing the same premises to such uses, upon such trusts, and subject to such clauses and provisoes as should be required : It being thereby agreed, that during the life of the said W. no sale should be valid unless he should be a party to and execute the deed (or one of the deeds) by which the same was effectuated. Proviso-fthat the trustees' receipts should discharge persons paying purchase, mortgage, or other money from all liability in regard to the application thereof. SPECIMEN ABSTRACT OF TITLE. 305 Provisoes and clauses not effecting tlic above power of sale. Executed by the said AV. The 1st Schedule. Comprising (inter alia) the property now sold by the description above abstracted. 31st Jidy, 1835.— By DEED OF DISENTAIL between W. of the one part and C. D. of the other part. 1. The said W. granted and assigned unto the said C. D. and his heirs such of the yearly rent-charges or sums of land tax then by virtue of the will dated the 10th day October, 1792, of the said TJ., (and of the redemp- tion thereof on the 14th day of October, 1820, by the said Ua. out of portions of the residuary personal estate of the said Ua. advanced by the said X. and T. for that purpose) standing limited &c. (limitations stated as above abstracted in wall of Ua.) as were mentioned in the scliedule thereto, and all arrears thereof: As to such arrears, in trust for the said AV., his executors and administrators ; and as to the said rent-charges, to the use of the said AV. and his heirs, 2. Declaration that no wife of the said AV. should be dowable out of the premises. The Schedule. Comprising (inter alia) the yearly rent-charge of £ on the property now sold. Executed by both parties. Enrolled in Chancery the 12th day of August, 1835. 17th May, 1838.— By INDENTUEE between the said G. and II. of the first part, the said AV. of the second part, and X. Y. of the third part. 1. The said G. and H., in consideration of £ (including £ tor the piu-chasc of timber on the premises) paid &.C., and for effectuating a .sale made pursuant to such power and with such consent and so testified as thereinafter mentioned, did in exercise of their power under the abstracted settlement of 7tli Jvdy, 1835, and with the consent thereby testified of the said AV. as tenant for life of the settled premises, revoke the uses, trusts, clauses and provisoes by the said settlement expressed (amongst other hereditaments) concerning the hereditaments described in the Ist schedule thereto with their appurtenances, and also the uses trusts clauses and provisoes thereby subsisting concerning the hereditaments described in tlie 2nd schedule thereto (and which had by the award dated the 15)th day of A pril, 1837, of the commissioners under an act of Parliament passed in the session held in the years of the present reign, and intituled, «S:c. been allotted to the said AV. in respect of the Istly scheduled hereditaments and others), with their appurtenances; and apj^nint tli;it the same rospt'i-tive X 306 APPENDIX A. Ijremises should thenceforth remain, to the use of the said X. Y. and liis heirs. 2. For the consideration aforesaid the said W. granted unto the said X. Y. and his heirs the land-tax or yearly rent-charge of £ charged upon the Istly scheduled promises, and then by abstracted deed of disentail of 31st July, 1835 (and of the assurances and operations in the law therein appearing) vested in the said "W". and his heirs. Covenants by AV. for title and further assurance. The 1st Schedule. Comprising the property now sold by the present description, excepting about acres. The 2nd Schedule. Comprising the excepted acres. Executed by said G. and H. and said "W". and attested. Eeceipt for consideration indorsed. 17th May, 1838.— By INDENTUEE between the said W. of the one part, and the said X. Y. of the other part, the said "W. covenanted for production of the muniments of title to the hereditaments con- veyed by abstracted Indenture of even date. The Schedule. Comprising (in addition to abstracted documents) the following, &c. Executed by said W. and attested. 5th September, 1852.— By INDENTUEE between said X. Y. of the one part, and said A. B. of the other part. 1. The said X. Y.,in consideration of £ &c., granted unto said A. B. and his heirs the hereditaments described in schedule with the appurte- nances. Covenants for title and further assurance. The Schedule. Comprising all comprised in two schedules to abstracted Indenture of 17th May, 1838, under same description. Executed by said X. Y. and attested. Eeceipt for consideration endorsed. 5th September, 1852.— By INDENTIJEE of MOETGAGE between said A. B. of the one part, and said X. Y. of the other part. 1. The said A. B. in consideration of £1000 &c. (covenant for payment of principal and interest on 5th March, 1853). 2. Eor consideration aforesaid said A. B. granted unto said X. Y. and his heirs the hereditaments described in schedide, with their appurtenances : SPECIMEN ABSTRACT OF TITLE. 307 Proviso that if the foregoing covcnaut should be satisfied, &c. the said A. B. and liis heirs should be entitled to a reconveyance of the premises. Usual mortgage covenants. Power of sale. The Schedule the same as in last abstracted Indenture. Executed by said A. B. and attested. 9th October, IS 53.— By INDENTURE of MOETGAGE between said A, B. of the one part, and M. N. of the otlier part. 1. The said A. B. in consideration of £ , &c. (covenant for payment of principal and interest on Otli April, 1854.) 2. Por the consideration aforesaid the said A. B. granted unto the said M, and N. and their heii's the hereditaments described in schedule, witli their appurtenances : Proviso tliat if the foregoing covenant should bo satisfied, &c. the said A. B. and his heirs shoidd be entitled to a recon- veyance of the premises. Usual mortgage covenants and clauses. Power of sale, TnE Schedule the same as in last abstracted Indenture. 21st May, 1854.— By INDENTUEE of TEANSFEE between said X. Y. of the first part, the said A. B. of the second part, and O. P. and Q. of the other part (indorsed on abstracted mortgage of 5th Sept, 1852). 1. In consideration of £1000 paid by said 0, P. and Q. (at the request of said A. B.) to said X. Y. in discharge, &c., and of £500 paid by samo parties to said A. B,, said A, B. (covenant for paj-mcnt of £1500 and interest on 21st November, 1854), 2. Por consideration aforesaid said X. Y. assigned imto said O. P. and Q. the principal monies and interest assigned by within -wTitten Indcntui-e and all securities for the same. Power of attorney to said O. P. and Q. 3. For consideration aforesaid said X. Y,, by direction of said granted unto said O, P. and Q., and their heirs tlie premises by within written Indenture granted to the said X. Y,, subject to the subsisting equity of redemption under tlic same Indenture. 4. Por consideration aforesaid said A. B. granted unto said O. I', and C^., their executors, administrators and assigns, tliat premises thereby granted should bo cliarged (in addition to said £1000) witli said sum of £500 and interest, and not be redeemable until satisfaction of foregoing covenants. Executed bv said X. Y. and A. B. ami attested. X 2 END OF APPENDIX A. APPENDIX B. SPECIMENS OF ASSURANCES OF A SPECIAL CHA- RACTER, PREPARED FRO:\I THE FORMS IN PARTS II., III. and IV. (Precedents 235 to 24-i). SPECIAL FORMS. 311 No. 235. CoifVETANCi: of FeEEHOLDS hy ^MOETGAGOE, MoHTaAOEE/o>' a Term {with several further Charges), the Beneficial Owner of one of the (Jliarges, and the Heir-at-law and Executor ofMoETQAOEE ly Fee. THIS INDENTURE, &c., between (A. B.) of tlie 1st part, (C. D.) of tbe 2ud part, (E. F.) of the 3i'd part, (G. H.) of tlie 4tli part, {mortgagor) of the 5th part, aud {purchaser) of tlie 6th part, wituesseth as follows : — 1. lu consideration of £ paid by the said P. (at the request of tho said M., and with the privity of the said C. D., E. F., and G. H.) to tlie said A. B.) («) in part discharge of £ now due (with the current interest) on his after mentioned securities ; The said A. B., as to such of the premises as are comprised in the mortgage securities from the said M. to the said A. B. for £ , £ A., £ , £ aud £ and interest effected by Indentures, respectively dated the 15th day of July, 18 the • day of , &c. (the said sum of £ A. secured by the said Indenture of, &c., being by memorandum of even date therewith declared to beloug to the said C. D.) and for merging the term of 1000 yeai's created in the premises by the said Indenture of the 15th day of July, IS . doth, at the request of the said M., and by the direction (so far as relates to the said sum of £ A.) of the said CD. surrender ; And tho said E. F. as to such of the premises as are comprised in a mortgage security for £ and interest (dated, &c.) from the said M. to X. Y., deceased, and are now vested in the said E. F. as heir-at-law of the said X. Y. Doth, at the request of the said M., and by the direction of the said (r. 11., as executor of the will (dated, &c.) of the said X. Y. grant ; And the said M., as to all the premises, doth grant unto the said P. and his heirs the hereditaments described in the schedule hereto with their legal or usual appurtenances, discharged from all principal monies and interest due ou the said respective secui'itios (3), (4). In witness, &c. {a) Part of the property in mortgage was sold ami tho piirclin^e money paid l>y arrangomont to the first mortgagee. The form would apply when the seeiirity was insufFicicnt for payraeut of all the charges. 312 APPENDIX B. No. 23G. Conveyance oJ Feeeholds ly Executor {iolw was also the Testator's Hcir-at-laiv) under a Will directing a Sale, hut without specifying by tohovi the Sale should he made, or hlending the Sale Monies and Fersonalty. THIS INDENTUHE, &c., between (A. B.) of the one part, and (^purchaser^ of the other part, witnesseth as follows : — 1. In consideration of £250 paid by the said P. to the said A. B., as surviving executor of the will (dated, &c.) of his father X. Y., and for effectuating a sale made by him as such executor, (and also as the heir-at- law of his said father), pursuant to the directions of the said will, the said A. B., as to such of the premises as are vested in him as such heir-at-law. Grants unto the said P. and his heirs the hereditaments described in the schedide hereto, with their legal or usual appurtenances (1). In witness, &c. No. 237. CoNTEYANCE of Advowson by Heir-at-luw of Moetgagee under a Power of Sale. Hesidue of Puechase Monet -payable by Instal- ments, and secured by the Purchaser'' s Covenant and Deposit of Deeds. THIS INDENTUEE, &c., between (A. B.) of the 1st part, (C. D.) of the 2nd part, and (purchaser) of the 3rd part, witnesseth as foUows : — 1. In consideration of £1500 paid by the said P. to the said A. B. and C. D., as executors of the will and two codicils (respectively dated, &c.) of X. T., (in part discharge of £8000 now due, with the current interest, upon the after mentioned security), and of £1700, making with the •said £1500 the total purchase-money of £3200, and payable by such instalments and so seciu-ed as hereinafter mentioned ; The said A. B. as to such of the hereditaments hereinafter mentioned as are comprised in a mortgage security (dated, &c.) for £8000 and interest from ■ to the said X. T. and are now vested in the said A. B as his heir-at-law, (and for effectuating the exercise by the said A. B. and C. D. of the power of sale by the said mortgage given to the said X. T., his executors, administrators and assigns), Grants unto the said P. and his heirs the advowson of the rectory of in shire, discharged from all monies due on the said security (2). 3. The said P. for himself, his heirs, executors and administrators, SPECIAL FORMS. 313 covenauts (lu»ulJ be indur.'-cd on the Jccd. 314 APPENDIX B. assigns, 1st, the legacy of £200 by the will (dated, &c.) of bequeathed to A. B. deceased, her executors and administrators, in the event (which happened) of tlie decease, witliout issue, of M. N. ; And 2ndly, the interest of the said A. B. by virtue of the same will in the sale monies of the hereditaments thereby devised in trust for sale ; Together with aU other tlie premises by Indenture dated, &c., (and expressed to be made between the said A. B. of the first part, the said V., X. and Y. of the second part* and S. T. of the thii*d part), expressed to be assigned to the said S. T,, in trust for the said parties thereto of the second part in equal shares, 2. Each of them, the said X. and T., as to one-third part of the said premises, and the acts only of himself, and those claiming under him in respect thereof, for himself, his heirs, executors and administrators, cove- nants ; and the said V. as to the entirety of the premises, and the acts as weU of himself as of the said X. and T., and those claiming luider him and them respectively, for himself, his heirs, executors and administrators, covenants with the said P., his executors and administrators and assigns, that notwithstanding anything by the said parties hereto of the first three parts done or knowingly sufiered, they or some or one of them (the rest as in (7). In witness, &c. IS'o. 239. Teaistsfee of a Moetgage of Freeholds onmle to Teustees {where the TJsiial Joint Account Clause has been omitted) hy the Heie-at- Law and Executoe of the SuEYiviifa Tetjstee and the Executoe of the First Deceased Teustee, the Mortgagor joining. THIS IXDENTUEE, &c., between (A.B.) of the first part, (CD.) of the second part, (E. E.) of the third part, {mortgagor') of the fourth part, and of the fifth part, witnesseth as foUows : — 1. In consideration of £, , at the request of the said M, paid by the said (out of monies belonging to them on a legal and equitable joint account) to the said CD. and E. E. in discharge of all piTLncipal and interest due on their after mentioned security, the said M. (28). 2. For the consideration aforesaid the said A. B., as to such of the premises as are comprised in a mortgage security (dated, &c.) for £ and interest from the said M. to T. E,. deceased, and L. M. (also deceased subsequently to the said T. E.), and are now vested in the said A.B. as heir-at-law of the said L. M., doth at the request of the said M. (and by the direction of the said C D. as executor of the will, dated, &.C., SPECIAL FORMS. 315 of the said L. M. and of the said E. F. as executor of the will, dated, &c., of the said T. E.), Grant ; And the said M. as to all the premises, grants unto the said and their heirs the hereditaments described in the schedule hereto, with their legal or usual appurteuauccs, discharged from all monies secured by the said mortgage, excepting so for as the same may enure as a protection against any mesne incumbrances (10), (29), (3), (IG), (30), (21). In witness, &c. No. 240. Eeconvetance hy Mortgagee of Demised Leaseholds, and of a Policy of Assueaijce subject to Tu-o previous Moiitoaoes — Cove- nant /or Indemnity Z»y MoETGAGEE and Jiis Solicitor in consequence of the Loss of the Moetgaoe Deed. THIS INDENTURE, &c., between (C. B.) of the first part, (G. D.) of the second part, and (mort//agor) of the third part, witnesseth as follows : — 1. In consideration of £ paid by the said M. to the said C. B. in discharge of a mortgage security dated the day of , 1S37, for £800 and interest, from the said M. to the said C. B., the said C. B. as to such of the premises demised to the said M. by lease (dated, &c.) from X. Y., and hereinafter mentioned, as were comprised in and demised by the said mortgage, and to the intent that the term created thereby may be extinguished in the subsisting residue of the term of years granted by the said lease, surrenders unto the said M., his executors and adminis- trators, the premises described in the schedide hereto, with their legal or usual appurtenances, discharged from all principal and interest secured by the said mortgage. 2. For the consideration aforesaid the said C. B. assigns unto the said ^1.. his executors and administrators, the policy for £1500 on the life of the said M. eftected in his name with tho office on the day of , and numbered , with all monies ultimately payable thereon, and all other the premises assigned by the said mortgage. To the intent thai the said policy, monies and premises may be held discharged from all principal and interest thereby secured, but subject to the deposit security for £400 and interest, and to the security for £(500 of the A. day of A. to whieh the same mortgage was made subject (1). 3. The said mortgage of the day of , 1837, having been mislaid by the same G. D. (in whose custody the same was placed as solicitor for the said C. B.), they-ihe said C. B. and (at his re) The general trustees. (c) In some cases it may be convenient to substitute for the words in brackets, "such of the Istly scheduled hei'editaments as ai'e of copyhold tenure." STRICT SETTLEMENT OF COPVHOLDS. 325 said and their heirs, Upon such trusts aud subject to such clauses and provisoes as shall (without multiplying charges) correspond to the uses, trusts, clauses and provisoes herein expressed concerning the premises hereby granted, so far as the rules of law and equity will permit (a). No. 250. Strict SEXTLiiMENT o/'CoPiiioLus in a Will. {After the " General Powers'''' (GS) Add) I devise my copyhold estates, not hereby otherwise devised. To the use of the said {b) and their heirs, Upon such trusts and subject to such clauses aud provisoes am shall (without multiplying charges) correspond to the uses, trusts, clauses and provisoes herein expressed concerning my real estate limited in use, so far as the rules of law and equity will permit (c) . (a) The covenants from (51) should in this case be inserted at the end of the settlement and be varied as in Trccedent No. '243. (b) The general trustees. (c) It appears unnecessary to give Precedents either of disentailing assurances or appointments of trustees of copyholds. The former (as regards a legal entail) can be effected by surrender only, which differs in no respect from an ordinary surrender (see note (a) to Precedent No. 24.1) ; the provisions of sect. 51 and 52 of the Fines and Recoveries Act as to the protector's consent (if any) being com- plied with. An equitable entail in copyholds is barred cither by surrender as al>ove, or by a deed identical with a disentailing assurance oi freeholds; the provisions of sect. 53 of the Act as to the protector's consent must be complied with. No disen- tailing assurance of copyholds need be enrolled in Chancery, but«/Z must be entered on the court rolls : A covenant to surrender is of course wholly inoperative to bar the entail. As regards appointments of trustees, the surrender will bo in the same way identicarwith an ordinary surrender, and any covenant tbr that puri^se will bo superfluous. GENERAL IKDEX. N.B. The figures in brackets, as (7), refer to the Commdn Forais in Turt I. The other figures refer to the Precedents in Parts II., III. and IV., and in Appendices B. and C. The figures preceded by "s," (as s. 5) refer to the sub-heads of Forms. ABSOLUTE INTEEESTS, appointments of, 145—154. ABSTEACT, condition of sale as to, 1, s. 3. See also " Commencement," " Verification." ACCOUNT CUEEENT, mortgage for, 78. ACCOUJN^TS, covenant to keep, in agency deed, 231. in lease,'220. stated by executor, 197, 200. ACCUMULATION CLAUSE, in personal settlements (-42). in real settlements (54). in wills (02). ACT OF PAELIAMENT, condition of sale as to, 2, s. 5. ADDITION TO PEEMISES, (restraint on) in lease, 85. in agreement, 92. ADJUDICATION OF BANKEUPTCY, 34. ADVANCEMENT CLAUSE, in personal settlements (42). in real settlements (54). in wills ((32). ADVANCEMENTS (to portionable children), appointment uf, 151, 152, 154. provisions as to; in settlement, 119, s. 4 (4). in will, 135, s. 2 (4). term for securing; in settlement, 119, s. 3. in will, 135, s. 2. And sec " Legacies." ADVANCES (further) mortgage to secure ; of freeholds, 07. leaseiiolda, 08. without security (by trustees) ; release for, 198. ADVOWSON, conveyance of, 12. special, part of money renmining on mortgiige, 237. AFTEE ACQUIEED PEOPERTY (of wife), agrwment to settle (39). assignment of, 1S5. AFTEE TAKEN WIFE, power to jointure in settlrmrnt. 119, e. 4. 328 GENERAL INDEX. AGENCY DEEDS, 231, 232. AGENT (consignment of goods to), clauses as to, 231, s. 3. AGEEEMENT. See under the separate heads, as " Exchange," " Sale," " Tenancy ;" and see also " Table of Contents, Parts II. and III. ALIENATION, determination of interest on, in settlement, 115. in will, 132, 241. See also " Anticipation," " Assignment," ALLOTMENTS, condition of sale as to, 2, s. 5. ALTEEATION OF PEEMISES (restraint on) in lease, 85. in agreement, 92. ANNUITIES to testator's brothers and sisters, 124. ANNUITY. See " Payment." See also " Table of Contents," Part II., Sect. 7, Part III., Sect. 2. appointment of new trustee of, 166. for life, bond to secure, 209. to wife (bequest of, deducting the amount of a varying life interest in other property), 242. ANNULLING SALE, condition as to, 2, s. 6. ANTICIPATION OF INCOME (of married women), restraint on. in personal settlement (38). in real settlement (53). in wills, 129—132. of testator's daughters, even when discovert, restraint on, 132. APPLICATION. See " Rents." APPOINTING JOINTUEE EENT-CHAEGES (Power of). in settlement ; to husband in favour of after-taken wife, 119, s. 4. in will ; to successive tenants for life (66) with (67) . APPOINTING NEW TEUSTEES (Power of), in personal settlements (42). in real ditto (57). in wills of personalty (62). in wills of realty in strict settlement (70) . APPOINTMENT. See under the separate heads as " Executor," " Guardian," " Eeceiver ;" also " Table of Contents," (Part IV. Sect. 3, 4, 5). (power of over property) ; exercise of, stated, 193, 195, 198, 200. general, 11, (38), 129. particular (among children), in personal settlement, (38). in will (60), (61), 130. among issue generally, 121. in favour of husband, 130. in favour of wife, 128. APPOINTMENTS OF PEOPEETY UNDEE POWEES. under general powers, 10, 137, 138. under particular (among children). all property unequally, 145. equally, excluding one child, 146. giving each child a specific portion, 147. See also " Advancements," " Portions." APPOETIONING BLENDED FUNDS, power of (41). GENERAL INDEX, 329 APPORTIONMENT (of rent), coudition of sale as to, 3, s. 4a. (of tithe rent-charge), condition of sale as to, a 3. APPIJRTENANCES, 8, ef passim. ARABLE LANDS, stipulations as to, in lease, 87. ARBITRATION CLAUSES (33). ARREARS (of bond debt), assignment of, 5 t. (of jointure rent-charge), mortgage under term for raising, G3. (of mortgage debt), assignment of, 82. ASSIGNEES IN BANKRUPTCY, conveyance of freeholds and lease- holds by, 34. ASSIGNMENT (in trust for creditors), 229. of leaseholds for lives, 119. (restraint on), in lease, 85, 87. in agreement, 92. in license for use of patent, 224. And see generally " Table of Contents" (Parts II. and IV.). ASSURANCE. See " Further Assiu-ance ;" also " Table of Contents," passim. ATTORNEY, power of, 53, et s, Sic. BOND, to secure annuities, 95 to 97. appointinout of new trustee ot, 165. BOND DEBT, mortgage of, 5t. release of, 196. settlement of, HI. 111. BONUSES (provision as to) in mortgngp, 57, s. 4. in settlement, lOR. 109. 330 ar-NERAL index. MOOK DEBTS, assignment ol", 208. BOOKS, bequest of, 242. BEEWEES, deed of agency bv, 231. BEICK CLAY, power to dig," in mining lease, 218, 222. BEOTHEES AND SISTEES OF TESTATORS, annuities to, 324. BUILDEES, contract witli, 234. mortgage by, 08. BUILDING. See " AVorks," " Leasing." BUILDING LEASES, 215-217. BUILDINGS (repaired by lessors), 87. BUSINESS, assignment of, 208. C. CAPITAL (of partnership) equal share in, 226. unequal, 228. CAPITALIST, agreement by, for working a patent, 207. CALLING IN (mortgage money not to be called in for a time certain), (15). CAETING MATEEIALS, stipulation as to in lease, 87. CAUSES (in Court of Chancery), 33. CEETIFICATE OE CHIEF CLEEK (On sale under Court of Chancery), 33 > CESSPOOLS. See " Works." CHAEGE (of expenses). See " Eeimbursement." further, on freeholds, 73. on freeholds and leaseholds, 74. CHALK PITS, mining lease of, 218. CHAPEL TEUSTEES, indemnity to, 201. CHAPTEE LEASE, deed of gift of, 204. CHATTELS (moveable, in dwelling house) mortgage of, 56. CHATTELS EEAL (see sub-heads). CHIEF CLEEK (certificate of) on sale out of Chancery, 33. CHILD, appointment to, of part of trust funds, 148. CHILDEEN, (absolute gift to) in personal settlements (38). in will of personalty (60) . pecuniary legacies to all, 123. release by, 196—200. ditto with tenant for life joining, 197 — 200. And see "Appointment," " Daugliters," " Sons," " Por- tions." CHILDEEN (of daughters) absolute gift to in will, 129—132. CHOSES IN ACTION, appointment of new trustee of, 166. assignment of. See " Table of Contents," Parts 11. and III. passim. CHUECH LEASE, deed of gift of, 204. CLAUSE. See under the separate heads as "Arbitration," "Sur- vivorship." CLAY. See " Brick Clay." COAL MINES, lease of, 222. CODICIL, 136. COMMENCEMENT OF TITLE, condition of sale as to, 1, s. 4 ; 2, s. 4, 4 {a) ; 3, s. 4, 4 {a) ; 4, s. 4. GENERAL INDEX. 331 COMMISSION (sales by) clauses as to in Ageucy Deed, 231, s. 4. COMMISSIONERS (for partition) 45, s. 2, 3, 7, 8. COMPENSATION (to surface tenants) in mining lease, 218—222. (nualified) 210. COMPLETION OF BUILDINGS (power of) in mortgage (26). COMPLETION OF PUECHASE (condition as to) 1, s. 1 ; 2, s. 1 ; 3, s. 1 ; 5 ; 5a; G. COMPOSITION DEED («ith creditors) 229. CONDITIONS OF SALE. See " Table of Contents" (Part II. s. 1). See also under the separate heads, as " Incumbrances," " Lease- holds," &c. 'CONSENT of protector of settlement to barring entail, 22, 156, 157, 159. of tenant for life to exercise of powers, clause requiring (36), (37), (55), (68). given (30), (36), (37), (38), (41), (43), (62). CONSOLS, See " Stock." CONTINUE (tenancy) power to, 94. CONTRACT. See under the separate heads as "Builders," " Sale," ic. CONTRACTS (with lessees) power to make ; in mortgage (26). in settlement of converted realty (48). in real settlement (55). in wills, (65). CONVERSION, bequest of personalty for, 127, 128—133. devise of realtv for, 133. CONVERSION ; of personalty ; (trusts for). In settlement (36). in wills (58). of realty (trusts for), in settlement (46). in wills (64). CONVERTED REALTY, appointment of new trustees of, 166. release of, 107. settlement of, 116, 117. See also "Settlement." CONVEYANCE. See " Table of Contents," passim. COPARCENERS, conveyance by, 24. partition by, 40. COPYHOLDS. See " Table of Contents of Appcndi.\ C." COUNTERPART, expenses of, 01. COUNTY VOTE, grant of rent-charge to confer, 98. COURSE OF HUSBANDRY, stipulations as to in lease, 87. COURT OF CHANCERY. See " Causes," " Decree." COVENANT. See under the separate heads, as " Pavnient," " Vi\>- duction," "Title," &c. by surety, 70. (b}'^ trustee), conditicm of sale lo. 2, s. 8a. COVENANTS of 1st Class (in mining lease). 2ls. noU- {/>). COVERTURE. See " Alienation," " .Aniicipalion.'- CREDITORS, deed of composition with. 220. CUSTOMERS, covenant to introduce to. 20s. 210. 832 GENEEAL INDEX. D. DAMAGES. See " Liquidated Damages." DAUGHTERS OF TESTATOli (settlement of their shares iu per- sonalty) 129—132 ; 243. DEATH OF PARTNER, provisions as to, 225, s. 8. ; 226, s. 6. DEBTS. See " Bond Debt," " Mortgage Debt," " Payment." DEBTS, assignment of, 208. indemnity against, on sale of goodwill, 203 ; 208, s. 3. of share in mining business, 212. DECEASED TRUSTEE, appointment in place of, 163, 165, 166, 168, 170, 171, 172, 176. DECLARATION. See under separate heads as "Dower," &c. DECREE (of Court of Chancery) conveyance under, 33. DEED. See " Deposit," "Production." DEED OF DISENTAIL. See " Disentail." DEED OF GIFT. See " Table of Contents" (Part III, Section 8). DEED LOST, indemnity for, 240. DEED POLL, 139, 140, &c. DEFERRED POSSESSION, agreement for on purchase, 5 (a). DELIVERY OF ABSTRACT, condition as to, 1, s. 3. DEMISE. See " Lease," " Leases." DEPOSIT (of deeds by way of equitable mortgage) memorandum of, 72. (of deeds on partition) 40. payment of, on purchase, 1, 3, 5. DETERMINATION of agreement for working patent, 283. power of in lease, (31). stipulations as to in partnership deed, 225, s. 1, 7, 8 ; 226, s. 1, 6. DEVISE. See under "separate heads," as " Children," "Residuary," "Sale," "Specific," " Trust and Mortgage Estates," " Wife," &c. See also " Table of Contents," (Part III, Section 2). DEVISEES IN TRUST FOR SALE. See " Fiduciary Owners." DIRECTION as to testator's wife occupying house rent free, 135, s. 1. for sale in will (conveyance under), 237. See also under separate heads as " Legacies," " Payment," &c. DISCLAIMER under settlement, 161. will, 162. statement of, 173, 174. DISCOVERT (restraint on alienation by testator's daughters, even when), 132 ; 241. DISENTAIL effected by purchase deed, 22, 23. preceding ditto, 20, 21. of copyholds. See 250 (note). And see " Table of Contents " (Part III, Section 4). DISENTAILING ASSURANCE. See " Table of Contents" (Part III., Section 4) . stated 20 21. DISSOLUTION (of partnership) 227. DISTRIBUTION, Statutes of, (38). GENERAL IKDEX. 333 DISTEICT appointment of agent within, 231. sub-agent, 232. license to use patent within, 224. restraint on trading within (on purchase of business) 208. And see 210. DITCHES, stipulation as to in farming lease, 87. DONEES OF POWER OF SALE, conveyance by, 30. conveyance to, 187. mortgage by, 62. sale by (statement of) 187. DOWER, conveyance by vendor entitled under uses in bar of, 10. declaration in bar of, 8. jointure in bar of, (53). purchase deed (wife joining to bar) 9. uses in bar of, 11. DRAINING LANDS, power of to trustees, (48). stipulation as to in lease, 87. E. EASE:\[ENT, condition of sale as to, 1, s. 7. EDUCATION, restraint on use of premises for, in lease, 85. in agreement (qualified) 92. ELEVATION (stipulation for building according to), 212, 216, 234. ENFRANCHISED LANDS, condition of sale as to, 2, s. 5. ENGAGEMENT (of workman by mining company), 230. ENTAIL, creation of in real settlement (53). in will (66). And see "Disentail." ENTRY ON LANDS (power of in mining lease) 218—222. ENTRY AND INSPECTION, power of in lease (31). EQUALITY of exchange, money paid for, 35. of partition ditto, 41. EQUITABLE MORTGAGE (by deposit) agreement for, 237. memorandum of, 72. EQUITY OF REDEMPTION, assignment of (in legacy), 238. conveyance of, 27. mortgage of, 71. ERRORS IN PARTICUL.VR, conditions of sah- as to, 1,8.7. ESTATE See under the separate heads, as " Entail," " Life," &c. EXCHANGE. See "Table of Contents" (Part IT. S.-et. 3); also " Equality." Power of, in settlement (55). in will ((58). EXCHANGED LANDS, condition of sale as to. 2, s. 5. EXCLUSIVE APPOIXTMKNT, MC. LICENSE (ibr use of patent), 224. EXECUTOR, ap])ointment of (63). assignment by, 165. ' convevance bv, 236. 334 GENE HAL INDEX. ^XECVTOn— continued. disclaimer and renunciation of probate by, 162. indciiniity by, 201. legacy to, 13(j. release of, 197, 200. EXECUTOE (of mortgagee), conveyance by, 235, 239. reconveyance by, 84. transfer by, 81. EXONEEATION FEOM LIABILITY. to sub-mortgagee for not suing, 55. to trustees, in personal settlement (42), s. 3. in regard to life policies (43), s. 3. in real settlement (57), s. 3. in wills (62), s.4. EXPENSES. See " Eeimbursements." of investigating title, and assurances ; condition as to, 1 ; 3.5, 6. of release, arrangement as to, 200. F. FALLOWS, stipulations as to in lease, 87. FAEM BUILDINGS, (repaired by lessors), 87, s. 3. FAEMEES, partnership of, 226. FAEMING LEASE, 87. FAULTS IN COAL, stipvilation as to in mining leases, 222. FIDUCIAET OWNEES, conveyances by, 29 to 34. covenants by (1) to (3). exchanges by, 36 to 38. leases by, 88 to 90. mortgages by, 61 to 63. partitions by, 41 to 43. See also under the separate heads, as "Devisees in Trust," "Mortgagees," &c., 150. FIXTUEES, agreement for purchase of, 5a. assignment of, 210. condition of sale as to, 1, s. 2 ; 3, s. 2. And see " Trade Fixtures." FLAG-STONE, mining lease of, 221. FEEEHOLDS. See " Table of Contents," passim. FEUIT-TEEES, renewed in lease, 87. FUENISHED HOUSE, agreement for letting, 94. FUENITUEE, assignment of, 210. bequest of, 127, 242. inventory of, 94. FUETHEE ADVANCES (mortgage to secure) freeholds, 67. leaseholds, 68. FUETHEE ASSUEANCE. See "Title." FUETHEE CHAEGE, conveyance by owner of, 235, 237. on freeholds (indorsed) 73. on freeholds, with leaseholds added as a security for both debts, 74. GENERAL INDEX. 33^ G. GENERAL. See under the separate heads, as "Appointment," "Issue," &c. GEA^EEAL AVOEDS, 8, et passim. GIFT (deeds of). 202—204. GIFT OYER, absolute in will (60). on alieuation ; iu settlement, 115. in will, alternative, 241. to a charity, preceded by a perpetuity, 105. special, 211. GOODWILL, assignment of, 208, 210. GRAXDSOXS OF TESTATOR, life estates to, 135, s. 2. GRASS LANDS, stipulation as to in lease, 87. GROUND. See " Building Leases." GUARDIAN, appointment of, in will (G3), 122. H. HEDGES, stipulation as to, in farming lease, 87. HEIR (of mortgagee), conveyance by, 235, 239. reconveyance by, 84. transfer by, 81. of testator, conveyance by, 23G. HEIRLOOMS, trust of, 135, s. 5. HEIRSHIP, condition of sale as to, 2, s. 5. HOLDING ON (stipulation as to, in lease), 87. HOTCHPOT CLAUSE, in settlement (38). iu will (GO) special in settlement, 121. HOUSE, see "Furnished," " Mansion House," "Unfurnished;" also "Table of Contents" (Part II. Sect. G). HUSBAND, appointments by ; jointure to second wife, 143. life estate to wife; by deed, 141. by will, 142. And see " Advancements," " Appointment," " Portions." appointments to, by wife ; absolute interest, bv will, 137. life interest, bv dt^nl, 13S, 13J). by will, 1 10. sum of money, by diunl, 13s. conveyance to, by wife, 202, • estate for life to, in personal settlement (40). in real settlement (53). gift over to, absolutely, in personal settlement (40). in real si'ttliMiient (53). power to (in will) to appoint life estate to wife, 12S. of testator's daughters to anpoint lite estate to, 130. HUSBAND AND INTENDED AVIFE, covenant by (34). 330 GENERAL INDEX. HUSBAND AND WIFE, conveyance of wife's freeholds by, 17. covenant by, 9, 18. HUSBANDRY, stipulations as to course of (in farming lease), 87. I. IDENTITY, condition of sale as to, 2, s. 5. INCOME, (paid to tenant for life) release of, 196—200. INCOMING TENANT, stipulations as to, in farming lease, 87. INCUMBRANCES, covenant against (1) to (3). in partition deed, 41, s. 5. INDEMNITY. See " Table of Contents" (Part II. Sect. 8 ; Part III. Sect. 7). to be executed by partners, 225, s. 7, 8 ; 226, s. 6 ; 227, s. 1. INDORSED DEED, 27, et scepe. INFRINGEMENT OF PATENT (stipulations as to preventing ; in license), 224. IRON, lease of, 214. INSOLVENCY, determination of interest by, in settlement, 115. in will, INSPECTION, power of, in lease (31). INSTALMENTS, payment of mortgage-money by, 65, 66 ; 237. of money by, in builder's contract, 234. INSURANCE (Fire and Life), power of in mortgage (25). (Fire) power of in real settlement (48) . power of in will (69) ; 126. by builders, stipulations as to in building con- tract, 234, s. 2. by lessees, stipulations as to in leases, 85, s. 2 ; 92, s. 3. by lessors, 86, s. 4. (Life) power of to trustees in settlement of policy, (43) . (Shares) appointment of new trustees of, 166. release of, 197. See also " Policy." INTEREST. See '"Payment." "Reduction." INTRODUCE (to customers), covenant to, 208 ; 210. INVENTION. See "Patent." INVENTORY; of fm-niture (in lease of furnished house) 94. of heirlooms settled by will, 135, s. 5, INVESTMENT AND VARYING SECURITIES (Trust for), in settlement ; invested fund (36). ditto wdth power to invest in land (37). money fund (49), 116. ditto with power to invest in land (50) . in will (58). with power to invest in land (59). INVESTMENT (in purchase of land), by trustees of settlement, 186. by donees of power in will, 187. on mortgage by trustees, 188 — 190. GENERAL INDEX. 337 mVT^STMJElNT— continued. memorandum of, 189. TEONSTONE, lease of, 220. ISSUE (General), power of appointing among, in settlement, 121. JOINT ACCOUNT, clause of, in mortgage (29) and c. f. 239. JOINT OWNERS, mortgage to, 70. JOINT POWER, conveyance under, 21. JOINT STOCK COMPANIES ACT, 1856, articles of associatiou under 228 JOINTURE RENT CHARGE, appointment of to first wife, 144. to second wife, 144. creation of (53) with (54) . mortgage of, 59. mortgage under term for raising arrears of, 63. power of appointing. See "Appointing." LAND. See " Building Leases," "Investment," "Power." LEASE. See " Table of Contents," (Part II., Sect. 6 ; Part IV., Sect. 2). Also "Agreement," "Leasing," "Surrender." assignee's title to, 13. conveyance in consideration of, 7. in lieu of absolute assignment by lessee, 14. LEASEHOLDS FOR LIVES, appointment of new trustees of, 168. assignment of (in strict settlement), 119, s. 2. clauses as to renewal of, and trusts of — in settlement, 119, s. 5 ; 7 (4) ; 8 (3). in wiU, 135, s. 3 (4) ; 3, s. 5. deed of gift of, 204. LEASEHOLDS FOR YEARS, appointment of new trustees of, 168. bequest of; absolute, 125. for conversion, 133. conditions of sale as to, 1, s. 4 ; 2, s. 4 a ; 3, s. 4, 4 a. deed of gift of (long), 204, s. 2. partitions of, 42 to 44. settlement of, for conversion, 110, 117. in strict settlement, 118, 119. trusts of, in settlement (56). in wills (09). See also " Table of Contents" (Part II., Sect. 2). LEASING (Power of). Rackrent leases, in mortgage (20). in settlement (47). in wills (02). rackrent, building and mining leases, in mortgage (26). in settlement (iS) ; (55). in wills (G5); (08). z 338 OENEKAL INDEX. LEQACIES, bequest of, to childreu equally, 123. unequally, 242. See also " Table of Contents" (Part III., Sect. 2). payment of, condition of sale as to proof of, 2, s. 5. directions for in will (58). LEGACY, charged on land, assignment of, 238. pecuniary, 123 ; 125 ; 127 ; 128 ; 134 ; 242 (to daughter in settle- ment) . specific, 125 ; 127 ; 128 ; 241 ; 242. to trustee, 136. LESSEE'S LIABILITIES, covenant by purchaser as to, (5). LIABILITIES of lease, indemnity against by mortgagor's covenant, (18). by purchaser, (5). of trader, purchaser's indemnity against, 208, s. 3. LIABILITY. See " Exoneration," "Lessee," " Limited," "Mortgagee." LICENSES EOE USE OF PATENT, 223, 224. power to grant, 206, s. 3. LIEN (on patent, for money supplied for working), 207, s. 6. LIFE ESTATE, assignment of, 18. conveyance of, 19. remainderman joining, 20, 22. creation of. See "Husband," "Grandson," "Son," " Wife." mortgage of, 57. power to appoint. See " Appointment," "Husband," "Wife." LIFE POLICY. See " Insurance," " Policy." LIMITATION. See separate heads, as " Entail," &c. of amount of security, in a mortgage, (27). of maximum of rent-charges, in a will, (67), s. 6. of portions, in a will, (67), s. 7. LIVES. See " Leaseholds for Lives." LIMITED INTEREST, appointments of, 138—144. LIMITED LIABILITY (articles of association with), 228. LIQUIDATED DAMAGES, for breach of conditions of sale, 1, s. 8 ; 2, s. 11 ; 3, s. 8 ; 4, s. 11. in farming lease, for breach of covenants, 87. LIVE AND DEAD STOCK, assignment of, 226. LOAN BY TRUSTEES (without security), release for, 198. LOPPING TREES, stipulation as to in lease, 87. LOSS of trust deed, indemnity for, 240. of trust funds, release for, 198. M. MACHINERY. See " Plant." MAINTENANCE CLAUSE, in personal settlement, (42). in real settlement, (54). in wills, (62). MANAGEMENT. See " Minorities." MANSION HOUSE, testator's wife to occupy rent free, 135. GENERAL ISDEX. 339 MAXUFACTUEE (restraiut on) in lease, 85, 86. in agreement, 92. MANUEES, stipulation as to in forming lease, 87. MAEEIAGE. See uuder separate heads, as " Husband," " Wife " &c MAEEIED AVOMAN. See "Alienation," "Anticipation," " Eever- sion," " AVife." MATEEIALS (found by landlord in the rough), 87. MEMOEANDUM. See under the separate heads, as "Deposit," " Investment," " Mortgage Money," " Transfer," &c. MINING. See " Leasing," " AV^orks." Also, " Table of Contents" (PartlA^., Sect. 2). MINING- COMPANY, engagement of workman bv, 230. MINING LEASE, assignment of share in, 212. MINING LEASES, 218-222. MINIMUM EENT, in licence for patent, 224. in mining lease, 218 ; 219. with royalties, 220—222. MINOEITIES, management and application of rents dm-iug, in settle- ment (51). in wills (67). MONET, settlement of, in hand, 106 : 111. secured by husband's covenant, 107. policy on husband's life, 108 ; 109 ; 11-4. And see " Sum of Money." MONEY OAYING, mortgage to secure, 08. MONEY AND SECUEITIES, bequest of in trust, 127. MOETGAGE. See "Table of Contents," (Part II., Sect. 5; Part III., Sects. 5, 6.) investment on by trustees, memorandum of, 189. for securing unpaid purchase-money, 28 ; 237. MOETGAGE DEBT, assignment of (on transfer), 79 ; 82. appointment of to children, 147; 148. of new trustees of, 175 — 184 ; c. f. 166 ; 170. mortgage of (or sub-mortgage), 55. mortgagee of, not bound to sue for, 55. release of to trustees, 196 — 198. settlement of, 112; 113. And see "Mortgage-money." MOETGAGEE. See under separate heads, as " Executor," " Sale," &c. conveyance of freeholds and leaseholds by, under power, 31 ; 237. convevance of freeholds by, mortgagor joining, 32 ; 235 ; 237. MOETGAGE ESTATES, devise of (63). MOETGAGE MONEY, memorandum of ownership of, 77. not to be called in (15). payable by instalments, 65, 66. power of partners for time being to give discharges for, 78. of surviving trustees (29). MOETGAGING, power of to trustees with legal estate, in settlement (48). in wills (65). donees of powers, in Bcttlemcnt, 110, 8.6. in wills, 135, e. 3. 7. 2 340 OENEBAL INDEX. MOETGA GOR. See under separate heads of " Covenant," (as " Pay- ment," &c.) attornment by, 64. conveyance by, with mortgagees, 32, 235, 237. of equity of redemption by, subject to mortgage, 27. MOETGAGOES (two sets), order of "liability of in mortgage, 59, s. 11. MOVEABLE CHATTELS, mortgage of, 56. N. NEW APPOINTMENT, reservation of power of, 138, 146. NEW TRUSTEES, appointments of. See " Table of Contents" (Part III., Sect. 5). power of appointing. See "Appointing." NEXT OP KIN OF WIPE, trust for in default of children (38). NIECES, bequest of residue to, 126. NON-PRODUCTION OP DOCUMENTS, condition of sale as to, 2, s. 5. O. OBJECTIONS. See " Requisitions." OUTGOINGS, covenant for payment of, in lease, 85, &c. stipulation as to, in agreement, 92, 93. OWNERSHIP (of mortgage money) memorandum of, 77. P. PAINTING, PAPERING. See " Works." PARTIAL APPOINTIklENT (of trust property) 148. PARTICULAR. See " Appointment," " Life Estate." PARTITION. See " Table of Contents," (Part II., Section 4). equality of, money paid for, 41. ^ power of, in settlement, (55). in will, (68). PARTITIONS (under inclosure acts) condition of sale as to, 2, s. 5. PARTNERS (in banking firm) power of partners for the time being to give discharges for mortgage debt, 78. PARTNERSHIP. See " Table of Contents," (Part IV., Section 3). assignment of share in, 212. PARTNERSHIP (clause negativing) 207, a. 8. PARTNERSHIP PROPERTY, deed of gift of, 203. PATENT, agreement for working, 207. assignment of, absolute, 205. to trustee for assignor and assignee, 206. foreign, covenant to assign, 206, s. 4. license for use of, 223. exclusive, 224. GENERAL INDEX. 3il FATlblNT—co)itinued. power to grant license for, 206, s. 3. renewal of, power to apply for, 206, s. 3. And see " Determination," " Infringement." PAYMENT, of annuities, direction as to, in will (60). of annuity, 100, 101. of debts and legacies, conditions of sale as to, 2, s. 5. directions as to, in will (58). of interest, covenant for, in mortgage (23) . in trustees' mortgage (30). of premiums. See " Policy." of principal, covenant for, in moi'tgage (9). with surety joining, 70. in trustee's mortgage (281). in settlement, by husband, 107. of purchase money, agreement as to (and interest, if unpaid), 5, s. 1 ; 5a, s. 1 ; 6, s. 1. conditions of sale as to, 1, s. 1 ; 3, s. 1. into Bank of England, 6, 33. of rent. See " Kent." PECUNIAET. See " Legacy." PEESONAL ESTATE (of testator). See "Table of Contents" (Part III., Sect. 2, passim) ; see also " Eesiduary." PEESONAL SETTLEMENT. See " Settlement." PEESONALTY. See " Table of Contents," passim; also " Conversion," " Eesidue." PICTUEES, bequest of, 242. PIN-MONEY, term for securing (53) with (54). PLANT, power to remove, to mining lessees, 220, s. 4 (2). PLOUGHING LANDS, restraint on, in lease, 87. POLICY (Fire). See " Insurance." (life), appointment of new trustees of, 166. assignment of, 16. covenants as to, in mortgage, (22). in settlement, (35). mortgage of, 53, 57, 58, 59. provisions as to, in annuity deed, 100. settlement of, 108, 109, 114. See also " Insurance.' ' POLLAEDING, stipulations as to in lease, 87. POETIONS (for younger children), of intended marriage, term for securing, (53) with (54). of subsequent marriage, term for seciiring, 119, s. 4. of successive tenants for life, term for securing, (66) witli (67). of testator, term for securing, 135, s. 2. advancements on account of (trusts of term for securing), 119, s. 4. appointment of, to children of second marriage, 149, 150. to children of tenant for life under power in will, 153. limitation of amount of, in will, 67, a. 7. mortgages (under terms), for securing, 192—195. And ace " Advancements." POST NUPTIAL SETTLEMENT, 120, 121. 342 OENEEAL INDEX. POSSESSION", agreement as to on purchase, 5. condition of sale as to, 1, s. 1 ; 2, s. 1 ; 3, s. 1. (deferred), agreement as to, 5a. POWER. See under the separate heads, as " Apportioning," " Attor- ney," "Sale," "Mortgaging," &c. conveyances under, by donees of power in settlement, 30. by father and son (power limited by previous deed of disentail), 21. by mortgagee, 31, 237. by trustee with legal estate in settlement, 29. by vendor entitled under uses in bar of dower, 10. exchanges under, 36 to 38. leases under, 88 to 90. mortgages under, 61 to 63. partitions under, 41, 43. PREMIUMS. See " Insurance," " Policy." PROBATE RENOUNCED, 162. PROCEEDINGS IN BANKRUPTCY, condition of sale as to, 2. s. 5. PRODUCTION OF TITLE DEEDS, agreement as to on purchase, 5 a, s. 9. condition of sale as to, 1, s. 5 ; 2, s. 7, 10 ; 3, s. 5 ; 4, s. 7, 10. covenant for (8). PROFITS. See "Rent." of partnership, equal shares in, 226. unequal, 225. of working patent, application of, 207, s. 6. PROOF OF FACTS (in abstracted documents), condition of sale as to, 2, s. 5. PROTECTOR'S CONSENT TO BARRING ENTAIL, 22, 156, 157, 159. PROVISIONAL TRUSTEE (reassignment by), on appointment of new trustees, 167, 169, 172. on partition, 44. PROVISO. See under the separate heads, as " Exoneration," " Re- demption," " Reduction," &c. PRUNING TREES, stipulations as to in lease, 87. PUBLIC HOUSE, lease of, 214. PUMP AND "WELL, release of right of user of, 104. reservation of, 86. PURCHASE. See " Table of Contents" (Part II., Sect. 2) ; (Part IV., Sect. 1). completion of. See " Completion." of land. See " Investment." investment in vmder power in personal settlement, 186. PURCHASE MONET. See " Payment." conveyance, with mortgage for securing part of, 28, 237. Q. QUARRY, lease of, 219, 221. QUIET ENJOYMENT, covenant for in lease (32). until default, proviso for in mortgage of personal chattels (21). GENEBAL INDEX. 343 E EACK EENT. See " Table of Contents," (Part II., Sect. 6 : Part IV., Sect. 2) ; also "Leasing." EAILROAD (in mines), leas&of, 218. power to make, 221 ; schedule 2. EAILWAY COMPA^'Y, agreement for sale to, G. shares, mortgage of life interest in, 58. release of, 196. settlement of. 111. EATES AND TAXES (ontgoings), payment of, 85 to 93. EEAL ESTATE (of testator). See " table of Contents," (Part III., Sect. 2, jjassim). See also " Eesiduary." EEAL SETTLEMENTS. See "Table of Contents," (Part III., Sect. 1.) See also " Settlement." EEALTY. See " Conversion." "Converted." " rnconverted." Also " Table of Contents," passim. EEASSIGNMENT (by mortgagee). See " Eeconveyance." (by provisional trustee), 1G7, 1G9, 172. EECEIPTS (power to give), mortgagees ; to purchasers (21), by implication), joint, for money (29). trustees (42), &c. in regard to life policies (43). witli power to mortgage (48). EECEITEE, appointment of on mortgage, 75. EECONVEYANCE (of mortgaged property), copyholds, 248. freeholds and leaseholds (by heir and executor of mortgagee), 84. leaseholds and policy, 240. EEDEMPTION, proviso for (10) to (14). See also "Equity." EEDUCTION OF INTEEEST, proviso for in mortgage (23). in trustee's ditto (30). EE-ENTEY, power of in lease (31). EEFEEENCE. Sec "Arbitration," "Surveyor." EEIMBUESEMENT OF EXPENSES, charge for in mortgage (27). covenant fur in mortgage (23). in trustee's ditto (30). trust for, in settlement (53). in wills (60). EELEASE. See "Table of Contents," (Part. II., Sect. 8; Part III , Sect. 7.) by continuing partner, on dissolution, 227. of leaseholds on partition, 42. to be executed by partners, 225, s. 7, 8 ; 22G, s. ; 227, s. 1. EEj\rAINDEEM.\N, conveyance by with tenant for life, 20. EEMUNEEATION (of trustees, &c., being solicitors) in settlement (42), Ar. in wills (02). c'tc 344 GENERAL INDEX. EENEWAL (of farming lease), covenant for, 87. (of leaseholds for lives), clauses as to, in settlement, 119, S.3; 7(4), 8(3). in wills, 135, s. 3. of patent (power to apply for), 206, s. 3. RENT, in lease of house furnished, &c., 85 — 90. in lease of mines, 218, 219. with royalties, 220-222. in tenancy for three years, 92. in tenancy of furnished house, 94. in yearly tenancy, 93. suspended while premises uninhabitable, in agreement, 92. in lease, 86, 87, See also "Apportionment." EENT-CHARGE, creation of, (to confer county vote) 98. devise of to testator's widow, (66) with (67). equitable release of, 102, 103. mortgage of, 59. trusts of stock invested to secure against, 105. See also "Appointing," " Appointment," " Jointure," " Limita- tion," " Second Marriage." RENTS (application of) during minorities, in settlement, (54). in will, (67). until sale, in settlement, (38). in will, (60). RENOUNCING PROBATE, 162. REPAIRS (by lessees) in agreement, 92—94. in lease, 85 — 90. (by lessors) in agreement, 92. in lease, 86, 87, s. 3. power to make in will, 126. And see " Works." REPURCHASE OF ANNUITY, provisions for, 97, 99, 100, 101. RESERVATIONS, m house leases, 86, 87. in mining leases, 221, 222. And see " Rent." RESIDUE, bequest of, 124, 125 ; 241 ; 243. for conversion, 133. in strict settlement, 135, s. 5. devise of, 124, 125. fur conversion, 127, REST (partnership) stipulation as to, 225, s. 6 ; 226, s. 6. RESTRAINT. See " Anticipation," " Assignment," " District," " Edu- cation," " School," "Trade," "Underletting." RETENTION OP POSSESSION (of moveable chattels by mortga.- gor), (21). RETIRING TRUSTEE, appointment in place of, 168; 170; 172; 173; 174. RETRANSFER OF STOCK, mortgage to secm-e, 69. REVERSION, appointment of new'trustees of, 166. (assignment of xmdivided share in personal (settled to wife's sepa- rate use) ), 26. of married woman, indemnity as to, 199, 200. GENEBAL IKDEX. 34:5 HEVEHSIO^— continued. (mortgage of freeholds in), 60. (settlement of persoualj, 113. EEVOCATION (of uses of settled property), 30; 36; 37; 38; 41. and new appointment (reservation of power of), 138 ; 146. EIGHT OF SPOETING, (reservation of in lease), 87. EOAD, covenant to make in lease, 218. power to make in ditto, 218 — 222. EOYALTIES, reservations of, in mining lease, 220—222. in patent license, 224. EUNNING OF SOIL AND WATEE, (reservation of in lease), S6. S. SALE, conditions of. See " Table of Contents," (Part II., Section 1). power of in mortgage, ordinary, (24). power of special, in mortgage of policy, 53. in sub-mortgage of freeholds, 55. in mortgage of life estate, with rent-charge as collateral security, 59. in mortgage of reversion, 60. on further charge (adapting old powers), 73, 74. in settlement, (55). in\^aD, (68). trust for, in settlement, (46) ; 116. in will, (64). See also "Donees of Power," "Fiduciary Owners," "Mortgagees," " Stock." SALE MONIES, appointment of new trustees of, 166. investment of (49), (50), (58), (59), 116. release of, to trustees, 197. trusts declared by reference to, in strict settlement (54), s. 4 ; (69), 119, s. 4 (4) ; 135, s. 5. SCHOOL, arrangement as to retirement of principal from, 209 — 211. restraint on use of premises for, 85. qualified, 92. SEA BEACH, agreement for conveyance of, 7. lease of, 219. SECOND MAEEIAGE, appointment of jointure rent-charge to wife, 143. portions to children of, 149. Sec also " Appointment." SECOND MOETGAGE, 71. SECUEITY. See " Table of Contents" (Part 11. , Sect. 5) ; also "Investment." limitation of (27). SEPAEATE USE (trust for), in personal settlement (38). in real settlement (53). in will, 124. 126, 129 132. And see " Wife." SETTLEMENT. See " Table of Contents" (Part 111., Sect. 1 ). appointment of new trustees of; coiivtrtcd realty, 17:{, 174. 346 aEWEBAL INDEX. SETTLEMENT— co;//i«Mf J. appointment of new trustees of; personalty, 163 — 167, 171, 172. realty in strict settlement, 168. term, 168. conveyance, on trusts of, under agreement for settling wife's after- acquired property, 185. under power of investing in purchase of land, 186. to uses of, 187. of copyholds, by settlement, 249. by will, 250. of property of wife (after-acquired), (39), 185. statement of, of leaseholds, 43. of personalty, 26. of realty, 36. See also "Daughters." SEWEE, use of reserved, in lease, 86. SHARE. SHARES. See " Daughters," " Insurance," " Partnership," " Railway," " Undivided." SHOP, lease of, 213. SISTER OF TESTATOR, life interest to, 241. whole income to, 126. SISTERS OF TESTATOR, annuities to (settled to their separate use), 124. SOLICITOR, indemnitv by, for loss of deed, 240. SOLICITORS. See " Remuneration." SONS (of testator), life estates to successively, in strict settlement (66) with (67). See also " Children." SPECIAL CONDITIONS OF SALE, 2, 4. SPECIE, power to retain personalty in, in will, 126. SPECIFICATION, stipulationforbuildingaccording to, 215, 216, 234. SPECIFIC (bequest of leaseholds), 125, 242. devise, 125. And see " Legacy." SPECIFIC SECURITIES (clauses as to, in composition deed), 229, s. 3. SPORTING, reserved in lease, 87. STATUTES OF DISTRIBUTION, 381. STIPULATIONS. See under the separate heads, as " Course of Husbandry," " Works," S:c. STOCK, appointment of among children, 147 ; 148. appointment of new trustee of, 163 ; 166. bequest of, 128. disentailing assurance of, 159. (invested to secure against rent charge), trusts of, 105. release of, 196 ; 197 ; 198—200. settlement of, in possession, 110 ; 114; 115. in reversion. 111. And see "Reversion." by will on son, 128. sale of by trustees (memorandum of), 186 ; 189. transfer (to new trustees of settlement) memorandum of. 164. of stock comprised in wife's after acquired propertv. 185. STOCK MORTGAGE, 69. GENERAL INDEX. 347 STOCK (Farming), assignment of, 22(5. STOCK IN TRADE, assignment of, 208. STOCK-TAKINGS. See "Eent." STONE, lease of, 219 ; 221. STEICT SETTLEMENT (53) to (57) ; 118 ; 119. by will (66) to (70). conveyance to uses of, 187. sale of lands in by donees of power, 187. SUB-MOETGAGE, 55. SUM OE MONEY, appointment of by wife to herself, 138. to husband, 138. SURETY (mortgage with surety joining), 70. proviso as to liability of, 70, s. 7. SURFACE TENANTS. See "Compensation." SURRENDER OF LEASE, power to accept; mortgagees (26). trustees (18), &c. of life policy to insurance office (power of in mortgage), 57, s. 7. SURVEYOR, power of appointing new, in building contract, 234. (reference to decision of) in building agreement, 234. in mining lease, 218. SURVIVOR, life estate to in personal settlements (38). receipts of to discharge, in trustee's mortgage (29). T. TAIL. TAIL MALE. See "Disentailing Assurance," "Entail;" also " Table of Conteiits," (Part II., Sect. 2 ; Part III., Sects. 1, 2,4). TAVERN, lease of, 214. TENANCIES, power to determine; mortgagees (26). trustees (48). TENANCY, agreement for, of furnished house, 94. for three years, 92. yearly, 93. power to continue, 94. TENANT (incoming), stipulations as to in farming lease, 87. TENANT FOR LIFE, appointments by. See "Advancements," "Jointure Rent-charge," " Portions." powers of, to jointure and charge portions ((}{i) with (67) ; 119. to lease, in settlement (55) s. 2. in will (68) s. 2. And see "Consent," "Husband," " Life Estate," "Son." "Wife." TENANT IN TAIL. See "Disentail," "Entail ;" also "Tahlc of Con- tents" (Part II., Sect. 2 ; Part III., Sects. 1, 2, 4.) TERM, creation of, in conveyance, for securing part of purcliase- money, 2S. in settlement (53) \\\{]\ (51). in wills (66) with (67). And see under separate heads as " Advancenu'iits." " Portions." TERRIKH, t.) be made on partition, 45, s. 2. TESTATOR. See iiiukn- the separate lu^nds, as " Bruthors,' "Daughters," "Grandsons," "Portions," " Wilt," i^c. 348 GENEBAL INDEX. TIME CEETAIN, mortgage for (15). TITHE KENT CHARGE, condition as to apportionment of, 4, s. 3. TITLE, covenants for, in purcliase deeds, (4) to (7). in mortgage, (IG) to (21). in settlements, (34), (44), (45), (51), (52). special, by husband and wife, 9, 18. by tenant for life and remaindertiiau, 20. by coparceners, 24. by OAvner of equal undivided shares, 25. legacy, 238. by tenant for life on sale (or exchange) under powers, 30. bv mortgagor conveying with mortgagee, '32. in partition deeds, 41 to 43. in submortgage of freeholds, 55. in mortgage of life estate, with rent- charge as collateral security, 59. of reversion, 60. in assurances of copyholds, 243. TITLE DEEDS. See " Deposit," " Production."* TITLE, investigation of. See " Commencement," " Expenses." TRADE, assignment of, 208. TRADE FIXTURES. See " Plant." TRADE (or manufacture), restraint as to, in agreement, 92. in lease, 85, 86. TRADINGr (within district), covenant against, on sale of business, 208 ; c. F. 210. TRAMROAD, lease of, 218. power to make, in mining lease, 221, schedule 2. TRANSFERS OF MORTGAGES, 239. And see " Table of Contents " (Part II., s. 5 (III) ). (on appointments of new trustees). See " Table of Contents " (Part III., s. 5 (III)), of copyholds, 247. TRANSFER OF SETTLED STOCK, memorandum of, 164. TREES, stipulations as to in lease, 87. TRUST. See under the separate heads, as " Term," " Children," &c. See also passim in Part III. TRUST AND MORTGAGE ESTATES, assignment of, on appoint- ment of new trustees, 170. devise of (63). special form of, 122, 125. TRUSTEE. See " Chapel," " Covenant," " Deceased," " Devisees in Trust," " Donees of Powers," "Fiduciary Owner," "Provisional," "Remuneration," "Retiring," " Yacancy." TRUSTEE POWERS AND CLAUSES. See imder the separate heads, as " Leasing," " Sale," &c. TRUSTEES, conveyances to. See " Table of Contents (Part III., s. 6). mortgages to. See " Table of Contents " (Part III., s. 6). mortgages by, 61—63, 192—195. releases to, of settlement, 196, 198, 200. of will, 197, 200. GENEBAL INDEX. 349 TRUSTEES— eo)itmued. transfer of mortgage by, where joint account clause had been omitted, 239. TRUSTEES (NEW), appointment of. See "Table of Contents" (Part III., 8. 5). power of appointing. See " Appointing." TRUST EUNDS. See " Investment," " Loss," &c. U. UNCONVERTED REALTY. Release of, 197. UNDERLEASE. See " Lease." UNDERLETTING, restraint on in lease, 85, 87. (qualified), 92. UNDERWOOD, reserved in lease, 87. And see " Woods." UNDIVIDED SHARE, assignment of, in leaseholds, 42. in personalty, 26. conveyance of in freeholds, 41. disentailing assurance of, by married woman, 160. settlement of, in trust for sale, 120, 121. UNDIVIDED SHARE, equal, conveyance of, 24. unequal, assignment of in leaseholds, 25. UNFINISHED HOUSES, mortgage of, 52. power to complete (26). UNPAID. See " Payment," " Purchase Money." USES. See under separate heads, as "Entail," " Life Estate," "Jointure," &c. of will, conveyance to, 87. V. VACANCY IN TRUSTEESHIP (not filled up on appointment) 168. VALUATION. See " Fixtures," "Wood." to be made on partition, 45, s. 3. VARYING SECURITIES. See " Investment." VERIFICATION OF ABSTRACT, condition of sale as to, 1, s 5. VOLUNTARY CONVEYANCES, 202—204. VOTE (county), creation of rent-charge for, 98. W. WELL AND PUMP, release of right of user of, 104. reservation of, 86. WHARF, lease of, 218. WIDOWHOOD, See " AVifo." WIFE, absolute bequest and devise to, 122, 123. appointment by of property ; life estate to liu.sband, 13S. sum of monev and life estate to husband, 139. sum of mouev to self, 13S. And sco •'Will." of trustee, 170. 350 GENERAL IXJJEX. AVIFE — continued. appointment to, by husband ; life estate, by deed, 141. by will, 142. rent-charge, 143. bequest to, of pecuniary legacy, 127, 134. of specific legacy, 127. conveyance by, see "Table of Contents" (Part IT., Sect. 2). to husband, 202. disentail by, 160. permission to, to occupy testator's mansion-house rent free, 135. power to, to give life estate to husband, 130. power to husband to give life estate to, 128. trusts for, of income, in settlement (38). in wiU (60). during widowhood (61). of whole fund in default of children (38). And see "After-acquired," "After-taken," "Appointment," "'Hus- band and Wife," " Next of Kin." " Eeversion," "AVill." WILL. See "Table of Contents (Part III., Sects. 2, 3). appointment of new trustees of, 170. conveyance to uses of, 187. statement of, of leaseholds, of personalty, 18. of realty, 36. for conversion, 29. of wife, appointing absolute interest to husband, 137. life interest to husband, 140. WOOD, condition of sale as to, 1, s. 2 ; 3, s. 2. power to fell and sell ; in mortgage (26) . in settlement (48), (54). in wiU (65). reserved in lease, 87. WOEKING. See "Patent." WORKMAN, engagement of by mining company, 230. WOEKS (building, mining, &c.), power to execute, in mortgage (26). in settlement (48), in will (65). stipulation as to in lease (or agreement), landlord to execute, 86, 87, s. 3, 92. tenant to execute, 85, 86, 92. in mining lease, 218 — 222. YEAELY TENANCY, agreement for, 93. YOUNGEE. See " Portions." FINIS. LONDON: RAYNER AND HODGES, PRINTERS, 109, FETTER LAXE. LAW LIBRARY UNIVERSITY ij? (•,'JFORNIA LOS ANGiiii^ES