chaser) (1) of, &c.

of the other part. PURCHASES.

Reversion, &c.

(1) If the conveyance be to uses for preventing a title to Dower. dower in the vendor's wife, or the determination of the particular estate during the coverture, make a trustee party for that purpose of the third part, and see post, No. XXVIII.

an estoppel, see Weale v. Lower, Pollexf. 54; Vick v. Edwards, 3 P. Wms. 372. An assignment of it for a valuable consideration will, however, if it be descendible to the heirs of the assignee, be supported in equity-Wright v. Wright, 1 Ves. sen. 409. But the most appropriate and technical mode of conveying a reversion or vested remainder (as not lying in livery) is by GRANT, vid. Co. 49. a.; but as this species of assurance is solely calculated to pass the remainder or reversion exclusively of the possession, and as it may have happened, that, by forfeiture or other means, the estate for life, or other particular estate upon which the remainder or reversion is expectant, may have determined, and the estate have in fact become an estate in possession, it is usual to transfer these estates by lease and release, bargain and sale enrolled, or other assurance capable, under the statute of uses, to pass the possession of the grantor, without divesting the estate of the particular tenant." And in a variety of other instances which occur in every day's experience, the lease and release are used when a mere grant would be sufficient. But as the validity of the grant would depend upon evidence that the grantor had merely a reversion or remainder, and consequently it would be incumbent on the person claiming under this assurance to show that there was a previous existing particular estate, the lease for a year is generally taken by way of caution, that the grantor may have in his own hands evidence of the existence of a particular estate capable of enlargement." 2 Prest. Conv. 235.

The form here given is, therefore, by lease and release; but variations are subjoined, enabling the pupil to convert it into either of the other species of deeds just mentioned, at pleasure. Where, however, the tenant for life, or person entitled to the immediate freehold, is the purchaser, a lease for a year is wholly unnecessary.

But by whichever of these assurances the conveyance be

Tenant for life

the purchaser.

Reversion, &c.

Contract for purchase.

PURCHASES. WHEREAS, &c. (1) AND WHEREAS the said (tenant for life) is still living. AND WHEREAS the said (purchaser) hath contracted with (2) the said (vendor) for the absolute purchase of the remainder or reversion in fee-simple of the said messuages, lands, and hereditaments expectant upon the decease or other sooner determination of the estate for life of the said (tenant for life) at the sum of £ (3); and has requested that the same may be conveyed to him in the manner hereinafter expressed. Now THIS INDENTURE WITNESSETH (4), that in pursuance and execution of

WITNESS,

The vendor in consideration

of the purchase money.

a remainder

should be enrolled.

Conveyance of effected, it will be proper that it should either be enrolled in one of the courts at Westminster, or be accompanied by a bargain and sale (for which see ante, p. 204,) in order that the evidence of the purchaser's title may be preserved in case of the loss or destruction of his conveyance; for, not having a right either to the title deeds of the estate or to attested copies of them (unless by the consent of the tenant of the particular estate), he will otherwise, in that event, possess no evidence to support his title against the remainderman or reversioner on the estate's falling into possession, and see ante, p. 171, u. (9), and 2 Bridgm. Convey. 398.

Auction.

Consideration.

Construction,

&c.

(1) Recite the deed or will under which the vendor became entitled. For the form of such recital, see INDEX, voce RECITAL. (2) If the estate was sold by public auction, or otherwise than by private contract, see ante, No. XVI. p. 163, n. (4), et seq.

(3) It has been before observed, that the consideration for the purchase of a reversionary interest, and more particularly if it be made by the apparent or presumptive heir at law, should bear some reasonable proportion to the actual value of it, see ante, No. VII. p. 73, n. (4).

(4) For the reason and effect of the different parts of the deed upon which no observation is hereafter made, see the notes subjoined to No. XV. (ante, p. 122, et seq.)

Reversion, &r.

the said contract, and in consideration of the sum PURCHASES. of £ of lawful money of the United Kingdom of Great Britain and Ireland, of English value and currency, to the said (vendor) in hand well and truly paid (1) by the said (purchaser) at or immediately before the sealing and delivery of these presents, the receipt whereof [and that the same is in full for the absolute purchase of the inheritance in fee-simple in remainder or reversion, expectant as aforesaid, of and in the messuages, lands, tenements, and hereditaments hereinafter described], the said (vendor) DOTH hereby acknowledge [and of and from the same doth fully and absolutely acquit, release, discharge, and exonerate the said (purchaser), his heirs, executors, and administrators, and the said messuages, lands, tenements, and hereditaments, by these presents (2)], He the said (vendor) HATH Grants and regranted, bargained, sold, aliened, and released,

leases the land,

&c.

(1) If the consideration be of any other kind than money Consideration paid down at the time of the execution of the conveyance, see not money paid. variations subjoined or referred to in No. XVI. ante, p. 165, 167, 185.

sale enrolled.

(2) If a bargain and sale be intended to be executed for the Bargain and purpose of being enrolled, and see ante, p. 171, n. (9), and 204, add,

is the same sum of

"AND which said sum of £ £ as is mentioned to be the consideration money in an indenture of bargain and sale, bearing or intending to bear even date herewith, and made or intended to be made, by the same persons as are parties hereto for the purpose of being inrolled in one of his Majesty's courts at Westminster."

Reversion, &c.

FURCHASES. and by these presents DOTH grant (1), bargain, sell, alien, release, and confirm unto the said (purchaser) and his heirs, ALL (2), that the remainder or reversion, expectant upon and to take effect in possession immediately from and after the decease, or other sooner determination of the estate for life of the said (tenant for life) (and whether such determination have already happened or not) of and in ALL, &c. (3) (or howsoever otherwise the said messuages, lands, tenements, and hereditaments, or any of them, now are, or is, or heretofore were or was situated, tenanted, called, known, described, or distinguished; "and also of and in all other the messuages, lands, tenements, and hereditaments (if any) which are described in the certain indenture

Grant.

Moiety, &c.

Parcels.

(1) It has been observed in a preceding note, that a remainder or reversion may be conveyed by any mode of assurance not exclusively calculated to transfer the immediate possession of the land, see ante, p. 342, n. (2); but that the most appropriate and technical mode is grant, which word alone will be sufficient to pass the estate, but the addition of those which here accompany it is proper, for the reason already assigned, see anle, p. 343, note. The late Mr. Fearne indeed thought that a mere grant was not sufficient to pass a remainder or reversion, but that it must be either by lease or release, or bargain and sale enrolled, see Read. Stat. Inrol. Posth, Wks. p. 29, but this is allowed to have been an error, see 2 Prest. Conv. 236, and ante, p. 342, n. (1). (2) If the conveyance be of a moiety, or other undivided part, see No. XXV.

(3) Here describe the subject of the conveyance by its ancient and present name, situation, tenancy, &c., see descriptions applicable to different species of property, INDEX, voce PARCELS, and see No. XV. p. 128, n. (13), and No. XVI. p. 172, n. (11), and No. XXVII.

Reversion, &c.

General appur

of bargain and sale (1) for a year, hereinafter more PURCHASES. particularly referred to." AND also of and in all [houses (2), outhouses, buildings, barns, stables, coach-houses, dove-houses, yards, cellars, vaults, tenances. areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, watercourses, timber and other trees, woods, underwoods, and the ground and soil thereof, mines, quarries, rights, and privileges of common, of every kind, and all] and all manner of [other] rights, members, easements, appendants, and appurtenances whatsoever to the said hereditaments and premises, or any part thereof, belonging [or in anywise appertaining, or reputed or deemed so to be, or with the same or any of them, now or heretofore holden, used, occupied, or enjoyed], (ALL which said messuages, lands, tenements, and hereditaments, are now legally vested in the said (purchaser), by virtue of a bargain and sale (3) to him thereof made by the said (vendor)

Reference to

the bargain and sale for a year.

(1) If the conveyance be solely by grant or bargain and sale Conveyance by enrolled, omit the lines within inverted commas referring to a grant, &c. bargain and sale for a year.

And if the tenant for life, or person entitled to the immediate Tenant for life freehold, be the purchaser, no bargain and sale for a year will be the purchaser. necessary, and of course this and every subsequent reference to

that instrument must also be omitted.

(2) See general words applicable to different kinds of real General words, property-Precedent No. XV. p. 173, n. (13), and INDEX, voce GENERAL WORDS.

(3) See the form of such bargain and sale, ante, p. 110. 117. If the conveyance be made by grant, or by bargain and sale Conveyance by to be enrolled, or if the tenant for life be the purchaser, sec pp. 343. 345, 346, notes.

grant, &c.