will of the lord according to the custom of the PURCHASES. said manor, by and under the rents, and services thereof due and of right annexed.

Taken, &c. (1)

Copyholds.

"To the use of A B of, &c. and his heirs, but in trust for the said (purchaser) his heirs and assigns."

Or,

"To the use of (the trustee) for 99 years (if the purchaser shall so long live) and from and after the determination of that estate (and in the mean time subject thereto), to the use of the said (purchaser) and his heirs."

(1) If the surrender were taken out of Court, say,

"Before

and

two other copyhold, or customary tenants of the said manor, at the house of

called or known by the sign of

within the said manor."

*** Stamp, vid. ante, p. 249, n. (2).

situated at

As to indorsement of receipt for purchase; mode of execution,

&c. &c. see p. 184, n. (27) et seq.

Surrender out of court.

PURCHASES.

Copyholds.

Where copy

law assurances.

No. XIX.

Conveyance of Copyholds by a Vendor (Trustee for
Sale under a Will) to Purchaser by Bargain and
Sale (1).

Variation where the heir at law is a party.

the first year, &c. and in the year of our Lord

BETWEEN (vendor) devisee in trust,

under or by virtue of the last will and testament

of A B, late of
deceased, as hereinafter is
recited, of the one part, and (purchaser) of, &c.

(1) Although copyhold hereditaments will not, generally holds may pass speaking, pass by any common law conveyance, but only by by common surrender into the hands of the lord, yet this is to be understood of the legal estate in copyholds, this alone being the subject of a surrender, which is a symbolical delivery of the land itself; but where the vendor has not such estate, but only an equitable interest, as a mortgagor, after the admission of the mortgagee, or where the sale is made by virtue of an authority only, as under a trust or direction to sell contained in a will, this interest may be conveyed or power executed by a common law conveyance, and when made to a stranger, i. e. to one between whom and the vendor there is not any privity of estate, is usually by bargain and sale, and which being presented by the homage, as in the case of a surrender, entitles the bargainee or purchaser to be admitted, and vide Prest. Abstr. 202, 2 ib. 259, and ante, p. 237, in notes, and 249 n. (2). This bargain and sale, it is however to be observed, does not operate under the statute of uses, but merely as a common law conveyance.

Copyholds.

Recital of will.

of the other part (1). WHEREAS the said A B being PURCHASES. seised of or well entitled to the copyhold lands and hereditaments hereinafter described, to the use of him and his heirs as for an absolute estate of inheritance, according to the custom of the manor of B, whereof the same are holden, duly made and published his last will and testament in writing, or appointment in the nature of such, bearing date on or about the

day of

and thereby willed and directed that the said (vendor), his heirs or assigns, should as soon as conveniently might be after his decease, by public sale or private contract, at his discretion, sell and dispose of all that his copyhold messuage, or tenement, with the garden and appurtenances thereto belonging, situated at, &c. and holden, or being parcel of the manor of, &c. and stand possessed of the money to be produced by such sale (after deducting all reasonable expenses thereof), IN TRUST for the purposes in his said will particularly mentioned, and the said (testator) thereby willed and declared, that the receipt of the said (vendor) or his heirs, should be a good and sufficient discharge, and good and sufficient discharges to the purchaser or purchasers of all or any part of the said copyhold premises, for his, her, or their purchase money or purchase monies, and that after such receipt given, such purchaser or purchasers should not be answerable or accountable for his, her, or their purchase money or pur

(1) If the heir at law of the devisor be a party, make him, as Heir party.

being the customary heir of the said (devisor) deceased," of the

2d part, and the purchaser of the 3d part.

Copyholds.

PURCHASES. chase monies, nor be in any wise answerable or ac countable for the misapplication or non-application thereof, or of any part thereof, or be obliged to see to the application or dispositions thereof, or any part thereof. AND WHEREAS the said (testator) departed this life on or about the day of without revoking or altering his said will (1): And whereas the said (vendor) in pursuance of the trusts reposed in him by the said in part recited will or testamentary directions of the said (testator) deceased, hath contracted and agreed with the said (purchaser) for the absolute sale to him of the said copyhold messuage and premises so directed to be sold as aforesaid, free from all incumbrances except as hereinafter mentioned, at and for the price or sum of £ NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement (2), and also in consideration of the sum of £ of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency, in hand well and truly paid by the said (purchaser), at or before the sealing and delivery of these presents [the receipt whereof, and that the same is in full for the absolute pur

Witness vendor in consideration of purchase money.

Heir party.

Heir party.

(1) If the heir at law join, add,

"And whereas at a court holden in and for the said manor of the said (heir) as customary heir of the said (testator), was admitted to the said copyhold messuage and hereditaments by the rents and services therefore due and of right accustomed."

(2) If heir join, add,

"And with the privity, consent, and approbation of the said (heir), testified by his being a party to and sealing and delivering these presents.

Copyholds.

And in purbargains and

suance of trust

selis.

chase of the said messuage or tenements, here- PURCHASES. ditaments and premises, with their appurtenances, and the inheritance in possession thereof, free from all incumbrances [except as hereinafter excepted], the said (vendor) doth hereby acknowledge [and of and from the same and every part thereof, and all claims and demands in respect thereof, doth acquit, release, exonerate, and for ever discharge the said (purchaser), his heirs, executors, administrators, and assigns, for ever by these presents]. He the said (vendor) (in pursuance, exercise, and execution of the power and trust in him reposed, in and by the said in part recited will of the said (testator) deceased, and by virtue of all and every other power and powers, authority and authorities, thereby or by any other ways or means vested in or given to him in this behalf (1)), HATH bargained and sold, and by these presents doth bargain and sell unto the said (purchaser) and his heirs, ALL that customary messuage, &c. with all houses, &c. and all the estate, &c. and all deeds, &c. (2). TO HAVE AND TO HOLD the said messuages, &c. and all and singular the premises hereinbefore described, and bargained and sold, or intended so to be, with their appurtenances, unto the said (purchaser), his heirs and assigns: To and for his and their own proper use and benefit for ever

(1) If the devisor's heir is a party, add,

"With such privity and approbation, and so testified as aforesaid."

(2) As ante, p. 238.

VOL. I.

Parcels.

To hold to the

purchaser and his heirs.

Heir party.