PURCHASES. third part. WHEREAS, &C. (1). AND whereas (2), by indentures of lease and release bearing date Vendor to Recital of mar riage settlement. expressed to be made between, &c. (and being or purporting to be a settlement made on the marriage of the said (husband) with the said (wife) his wife, the sum of £ three per cent. consols, bank annuities, was transfered into the names of the said (purchasers) in the books of the Go Recitals. Devisees. Recital of will. (1) For the form of recitals of different species of deeds and other events and transactions, see INDEX VOC. RECITALS. (2) If the purchasers are devisees under a will, recite the will, as "AND WHEREAS the said (testator) by his last will and testament in writing, bearing date the day of which was in the year , gave and bequeathed the sum of £ three per cent consol. bank annuities unto the said (trustees), their executors, administrators, and assigns, upon trust to make sale, &c. as in the text, p. 179. marg.. AND WHEREAS the said (testator) afterwards departed this life without revoking or altering his said will, and the same was soon after his decease duly proved by the said (trustees), his executors therein named, in the prerogative court of the Archbishop of Canterbury, and therefore the said (trustees) caused the said £ three per cent. consol. bank annuities, to be transferred into their joint names in the books of the Governor and Company of the Bank of England, upon and for the trusts, intents, and purposes of the said will. And whereas the said (trustees) in pursuance of the directions or authority contained in the said in part recited will have contracted with," &c. as in the text, p. 480. marg. *. Vendor to Trustees of a Settlement or Will. vernor and Company of the Bank of England, PURCHASES. upon the trusts, and to and for the ends, intents, and purposes, and with, under, and subject to the powers, provisos, agreements, and declarations thereinafter expressed concerning the same. And in the said indenture of release was contained a proviso or agreement that it should be lawful for the said (purchasers) and the survivor of them, his executors and administrators, and for all or any other trustee or trustees, for the time being, of the said trust property, with the consent and approbation in writing of the said (husband and wife) at any time during their joint lives, or with the like consent and approbation of the survivor of them, at any time during his or her life, and after the decease of such survivor during the minority of any child or children of the said marriage, then at the sole discretion of the said trustees or trustee, to make sale, dispose of, transfer, and convert into money, the said £ three per cent. consolidated bank annuities, or any part thereof, for the then current or market price of the same, and lay out, apply, and invest the money arising, or to be produced thereby, in the purchase of any freehold or copyhold messuages, lands, tenements, or hereditaments, in that part of the United Kingdom of Great Britain and Ireland called England, or within the principality of Wales, of an estate of inheritance in fee-simple in possession, to be settled, conveyed, and assured by the said (purchasers) or the survivor of them, or his heirs, to such or the like uses, upon such Vendor to Trustees of a Settlement or Will. PURCHASES. Or the like trusts, and to and for such or the like ends, intents, and purposes, and under and subject to such or the like powers, provisos, declarations, and agreements, as therein mentioned concerning the said bank annuities, and the dividends and interest thereof, or as near thereto as the nature of the said property and other circumstances would permit, or to, for, upon, and subject to such and so many of them as should then be undetermined, and capable of taking effect. AND WHEREAS the said (wife) departed this life on or about the day of leaving the said husband her surviving. AND WHEREAS in pursuance of the power contained in the said in part recited settlement, the said (purchasers), with the privity and consent of the said (husband) testified by his being a party to, and sealing and delivering these presents, have contracted with (1) the said (vendor) for the absolute purchase of the messuages, lands, and hereditaments, hereinafter described, free from incumbrances (other than as hereinafter is mentioned) at the sum of £ her and for the purpose of completing the said pur- dated bank annuities for the sum of £ Auction, &c. (1) If the premises were sold by public auction or otherwise than by private contract, see ante, No. XVI. p. 163, n. (4) price of or for the said annuities); and have requested that the said lands and hereditaments may be conveyed and assured to them in the manner hereinafter expressed (1). Now THIS INDENTURE WITNESSETH (2), that in pursuance and execution of the said contract, and in consideration of the sum of £ (3) of lawful money of that part of the United Kingdom of Great Britain and Ireland, called England, to the said (vendor) in hand well and truly paid by the said (purchasers) at or immediately before the sealing and delivery of these presents, by and with the privity, consent, and approbation of the said (husband) testified as aforesaid, the receipt whereof, [and that the same is in full for the absolute purchase of the inheritance in fee-simple, in possession, of 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 (purchasers) and each of them, and their respective heirs, executors, administrators, and assigns, and also the said hereditaments, by these presents], He the said PURCHASES. Vendor to Trustees of a Settlement or Will. WITNESS, in consideration of the purchase money. (1) If the vendor took the estate to uses to prevent dower, Vendor taking insert here the witnessing part of Vol. II. No. XXXIV. to prevent dower. (2) For the construction and reason of the different parts of Construction. the deed upon which no remarks are subjoined, see notes to No. XV. ante, p. 122, et seq. at (3) If the consideration be paid otherwise than in money, or Consideration. other time than at the execution of the conveyance, see ante, No. XVI. p. 165, n. (6), et seq. any VOL. I. I I Vendor to Settlement or The vendor grants and releases the land, &c. PURCHASES. (vendor) HATH granted, bargained, sold, aliened, and released, and by these presents, DOTH grant, Trustees of a bargain, sell, alien, release, and confirm unto the said (purchasers) and their heirs, ALL (1), &c. 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 all other the messuages, lands, tenements, and hereditaments (if any), which are described or comprised in a certain indenture of bargain and sale for a year, hereinafter referred General appur to. TOGETHER with all [houses (2), out-houses, tenances. buildings, barns, stables, coach-houses, dovehouses, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, lands covered with water, water-courses, 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, privileges, easements, appendants, and appurtenances whatsoever, to the said hereditaments and premises, or any part thereof respectively belonging, [or Parcels. General words. (1) Here describe the lands, &c. by their ancient and present name, situation, tenancy, &c. See descriptions applicable to different species of property, INDEX, voce PARCELS-And see ante, No. XV. p. 128 n. (13). No. XVI. p. 172. and No. XXVII. p. 401. (2) For general words applicable to different kinds of real property, see INDEX, voce GENERAL WORDS. |