ན Estate Tail. entails, conditions, estate, right and title of or PURCHASES. to dower, remainders, reversions in the crown or elsewhere, (and particularly of and from and against the entail, remainders and reversion hereinbefore particularly recited or mentioned) judgments, decrees, recognizances, statutes, extents, executions, sequestrations, elegits, debts of record, debts due to the king or any of his predecessors, legacies, portions, annuities, rents of all kinds, forfeitures, rights of entry, and cause and causes thereof, fines, amerciaments, and all and singular other] estates, rights, titles, interests, charges, and incumbrances whatsoever, which at any time or times heretofore have been, or at any time hereafter shall or may be made, executed, created, occasioned, or knowingly suffered by the said (vendor) or the said (donor) deceased (1), or any person or persons, now or hereafter rightfully claiming, or having title to claim, any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him, them, or any of them, or by or through his, their, or any or either of their acts, means, or defaults (2), the leases or agreements aforesaid only excepted. AND moreover that he the said (vendor) and his heirs, Covenant for and all and every persons or person, now or at ance. any time hereafter rightfully claiming, or entitled to claim, any estate or interest at law or in equity, in or relating to the hereditaments and premises further assur Issue in tail. (1) If the vendor be issue in tail, see ante, p. 321, n. (1). (2) If there have been any leases granted of the premises which Subsisting are still subsisting, see ante, No. XVI. p. 180. n. (23). leases. Estate Tail. PURCHASES. hereinbefore granted and released, or otherwise assured, or intended so to be, or any part thereof, from, through, under or in trust for him, them, or any or either of them, or the said (donor) deceased, or by or through his, their, or any of their acts, means, or defaults (1), (other than persons claiming, or entitled under or by virtue of such leases, or agreements for leases as aforesaid, so far as respects their respective estates or interests under or by virtue of the same), shall and will from time to time, and at all times hereafter, upon the request, and at the costs and expense of the said (purchaser) his heirs or assigns, make, do, acknowledge, levy, suffer, execute, and perfect, or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, with all due expedition, all and every such further and other lawful and reasonable acts, deeds, conveyances, assurances, matters, and things whatsoever, [whether by fine or fines, with or without proclamations, common recovery or common recoveries, deed or deeds enrolled or otherwise, feoffment, release, confirmation, declaration, or limitation, of or to any use or uses, or other proper assurance or assurances, of record or not of record], for the further, better, and more effectually, fully, and absolutely or satisfactorily granting, releasing, conveying, and assuring the same messuages, lands, tenements, hereditaments, and pre Subsisting leases. (1) If there are any subsisting leases, see ante, No. XVI. p. 181. n. (25). Estate Tail. mises, and every or any part thereof, and the pos- PURCHASES. session, reversion, and inheritance of the same, with their and every or any of their rights, members, appendants, and appurtenances, unto, and to and for the use (1) and behoof of the said (purchaser) his heirs and assigns, in such manner and form as he the said (purchaser) his heirs or assigns, or his or their counsel in the law, (being of the degree of a barrister) shall advise and require (2), [and prepare and tender (if the nature thereof permit) for his or their signature and execution, so that such further assurance or assurances, or any of them, do not contain nor imply any further or other warranty or covenant, than against or on the part of the person or persons, who shall be required to make or execute the same, his, her, or their devisors, ancestors, heirs, executors, and administrators, and his, her, or their own respective acts, deeds, omissions, or defaults; and so that the person or persons, who shall be required to make or execute any such assurance or assurances, be not obliged to go from his, her, or their then place or respective places of abode, for the making or (1) If the estate be limited for preventing dower, say, "To the uses, upon the trusts, and for the ends, intents, and purposes hereinbefore limited, expressed, or declared, of or concerning the same, that is to say," &c. See post, No. XXVIII. Dower. (2) If the title deeds be not delivered to the purchaser, add a Title deeds. covenant for their production, as in No. XVI. p. 196. rider (D), or prepare a separate deed for that purpose, agreeably to the form referred to, Wild. Sup. No. LXXII. p. 470. Estate Tail. PURCHASES. executing the same, without a reasonable and sufficient sum being previously paid, tendered, or secured to him, her, or them, for or in respect of his, her, or their time, trouble, and expenses, which said acts, deeds, and assurances respectively, shall be and enure (unless thereby otherwise declared or mentioned) in confirmation of these presents, and of the estate and interest mentioned, or intended to be hereby granted, released, and assured], IN WITNESS, &c. (1). Execution by attorney. Execution by tenant to præcipe. Attestation Stamp. Provision, &c. (1) If the deed be executed by attorney, see No. XVI. p. 184. n. (28). and as to attestation of witnesses, &c. see ib. In order that the tenant to the præcipe may be precluded from dissenting to the conveyance made to him, and by that means frustrating the recovery, or from setting up any claim in himself to the estate under the conveyance, it is usual for him to execute the deed by which the freehold is conveyed to him, and the uses of the recovery declared; but as his appearance to the writ of entry estops him, and all claiming under him, from asserting that he took nothing by the conveyance; and the judgment on the recovery divests him of the estate which passed by it, there does not appear to be any use in this practice beyond the satisfaction which is afforded to a purchaser, by the knowledge of all usual forms, &c. having been pursued. As to the mode of attestation, &c. see ante, p. 184, n. (27). As to indorsement of receipts for consideration money, see ante, p. 185, n. (29). *** As to the stamp, see ante, end of Introduction. For various other provisions, &c. to be inserted when circumstances require them, see riders at the end of No. XVI. ante, p. 188. et seq. No. XXIII. Conveyance by a Tenant for Life to a Purchaser. Variations where he is Tenant for his own Life, and where pur autre vie (1). Where he has a vested or contingent remainder in himself. Where the Conveyance is by a Doweress of her Estate in Dower. Where by a Tenant by the Curtesy. THIS INDENTURE of two parts, made the day of [in the year of the PURCHASES. Estate for Life. (1) An estate for life being an estate of freehold, (whether it be for the life of the vendor himself, or of another person), must be conveyed by some assurance calculated to pass an estate of that description, as by livery of seisin, lease and release, bargain and sale enrolled, &c. That of which the form is here given is by lease and release, as being better known in practice than the other assurances. But as a tenant for life has frequently a power of leasing, &c. annexed to his estate, which will be extinguished by the alienation of his whole estate, see Rex v. Bulkeley, 1 Doug. 293, the conveyance of an estate for life is sometimes made by demising the estate to the purchaser for a long term of years, if the tenant for life shall so long live, inserting in the demise a covenant by the vendor to limit such estates, &c. under the power as the purchaser shall from time to time direct, with a declaration that the demise shall not operate as an extinguishment of, but be subservient to, the power. See the form of a demise of this kind, WILDE'S Supplement, vol. 1. No. LXXXIV. p. 537; but as the privileges attendant upon the freehold will, by this means, |