Estate for Life. Covenant for further assurance. PURCHASES. which at any time heretofore have been, or which at any time hereafter during the natural life of the said (vendor or other cestui que rie) shall or may be made, executed, created, occasioned, or knowingly suffered by the said (vendor), or the said (testator) deceased (1), or by their or either of their acts, means, or default, or by 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 them or either of them, such leases and agreements for leases as aforesaid only excepted. AND moreover, that he the said (vendor) and all and every person or persons, now or at any time hereafter, during the natural life of the said (vendor or other cestui que rie), rightfully claiming, or entitled to claim any estate, or interest, at law or in equity, in or relating to the hereditaments and premises hereinbefore granted and released, or otherwise assured or intended so to be, or any part thereof, from, through, under, or in trust for him or the said (testator) deceased [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 during the natural life of the said (vendor or other cestui que vie) upon every reasonable request, and at the costs and expense of the said (purchaser), his heirs or Subsisting lease (1) If there are any subsisting leases, see ante, No. XVI. p. 180, n. (23). Estate for Life. assigns, make, do, acknowledge, levy, suffer, PURCHASES. execute, and perfect [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected], with all proper despatch, 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, limitation, or declaration of or to any use or uses, or other assurance or assurances of record, or not of record], for the further, better, and more effectually or satisfactorily conveying and assuring the same hereditaments and premises, with their and every of their respective rights, members, appendants, and appurtenances, unto, and to and for the use, behoof, and benefit of the said (purchaser), his heirs and assigns, for and during the term of the natural life of the said (vendor or other cestui que vie), 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 [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, and his, her, or their own Estate for Life. PURCHASES. respective ancestors, executors, or administrators, or their respective acts, deeds, omissions, or defaults; and so that the person or persons who shall be required to make 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 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 expense (1)]. IN WITNESS, &c. Title deeds. Vendor not to produce title court. (1) If the title deeds be not delivered to the purchaser, add a covenant for their production, as in No. XVI. p. 196, with the addition of, "PROVIDED ALWAYS, nevertheless, and it is hereby dedeeds except in clared and agreed, that the said (vendor) shall not be obliged to part with or produce the said deeds, writings, and evidences, or any of them, save only in some open court of law, equity, or other judicature or otherwise, in the presence of his own counsel or solicitor, and further that upon every such delivery," &c. Covenant by tenant for lite for his son, the reversioner, to convey when of age. Or prepare a separate deed for that purpose, agreeably to the form referred to, ante, p. 183. If the vendor be tenant for life with reversion to his son-inlaw (which under wills and marriage settlements is a very usual circumstance), and the vendor has agreed that the reversioner shall join when of age, add, “And lastly, that he the said (vendor) shall and will, within the space of six months next after the said (reversioner) shall have attained his age of twenty-one years, or shall have departed this life under that age, cause and procure the said (reversioner), if living, and if not, the heirs of him the said (reversioner), by good and sufficient conveyances and assurances in the law, to grant, convey, and as sure, either alone or together with any other person who PURCHASES. may be a necessary party to such conveyance or assurance, all those the said messuages, lands, tenements, heredita- Estate for Life. ments, and premises, herein before granted and released, or otherwise assured or intended so to be, and to which the said (reversioner) is entitled in fee simple in reversion expectant upon the determination of the estate for life of the said (vendor) as aforesaid, unto and to the use of the said (purchaser), his heirs and assigns for ever, free from all incumbrances whatsoever, by him or them committed or occasioned, in such manner, and with such usual and reasonable covenants, 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 reasonably require or advise." See various provisoes, &c. to be inserted if required by cir- Provisoes, &c. cumstances, ante, No. XVI. p. 188, et seq. **As to execution, attestation, &c. &c. see No. XVI. n. Execution, &c. (28), &c. PURCHASES. Reversion, &c. No. XXIV. Conveyance of a Reversion or Remainder in Lands, &c. to a Purchaser, by Lease and Release. Variation where the Conveyance is by Grant, or Bargain and Sale to be enrolled, or both. Also where the Tenant for Life, &c. is the Purchaser. dor) (2) of, &c. of the one part, and the (pur Wife. Observations on the mode of conveying a remainder. (1) See also the variations to No. XVI. (ante, p. 160.) (2) Although the vendor be married, yet as estates in remainder or reversion are not subject to dower, the wife need not be a party unless it be her estate; but, if it be the wife's estate, she must necessarily be a party, and convey as in other cases where she has a present interest in the land. An estate in remainder, if vested, may be conveyed by any mode of assurance which does not necessarily operate immediately upon the possession, as by grant, bargain, and sale, Fox's ca. 8 Co. 93, lease and release, but not by feoffment or fine, come ceo; sed vid. 2 Prest. Conv. 235, 244. 2 Ca. Op. 144. Co. Lit. 270, a. n. (3). (Fearn. Posth. Wks. 6. contr.) and so of an estate in reversion; but if the remainder be contingent, it cannot in strictness of law be transferred to another by any form of conDeyance, and can be legally assured to the purchaser only by matter of record, as by fine or equitable recovery, operating as |