THE observations made in the INTRODUCTION relative to the propriety of the vendor altering or republishing his will after a contract for the sale of freehold premises, do not so forcibly apply to leaseholds, as they are in notion of law of the same nature as money, and consequently the money arising from the sale will belong to the same species of representatives as those to whom the premises themselves would have gone had no sale taken place. If, however, the premises have been previously specifically bequeathed by the vendor, it behoves him, if such be his wish, to make a substitutionary bequest to such legatee in lieu of the benefit originally intended for him, as the contract for sale will operate as a revocation of such bequest, even though the sale should afterwards go off.

Duty of Vendor's
Solicitor.

Republication

of vendor's will

not necessary.

title.

With respect to the abstract of the vendor's title, the ob- Abstract of servations already made regarding freeholds appear to be sufficiently applicable to leaseholds to render a repetition of them

unnecessary.

PURCHASES.

AGREEMENTS.

Leaseholds.

Duty of Pur

chaser's Solicitor.

not republish

II. THE SOLICITOR FOR THE PURCHASER.

It was remarked in the observations relative to a purchase of freeholds that on such purchase a republication of the devisor's

will becomes necessary to pass them, but this is not requisite Purchaser need of leaseholds, which will pass by any general words sufficient to comprehend them, although they were not in the testator's possession at the date of his will.

his will.

Corporation.

Searching for judgments.

A distinction has been attempted to be made in the introductory remarks just alluded to, as to where it is of importance that an agreement should be put into writing and where not, and also where the contract should be carried into effect without delay; to which all that it seems necessary to add here, is that if the agreement be for the sale of a lease granted by a corporation, the solicitor of the purchaser should urge its being immediately carried into execution, as it is doubtful whether in case of the decease of a member and the introduction of a new one, he would be bound by the contract, see Winne v. Bampton, 3 Atk. 476.

With respect to the searching for judgments, &c. the better opinion is that they do not attach upon leaseholds until a writ of execution has actually issued, and consequently that no search need be made for them.

As to what else it belongs to the purchaser's solicitor to per. form or attend to from the commencement to the completion of the contract, see ante, INTRODUCTION.

PURCHASES.

AGREEMENTS.

No. V.

An Agreement for the Purchase of Freehold, Copyhold, and Leasehold, Premises.

Freehold, Copy

hold, and Lease

hold.

ARTICLES OF AGREEMENT entered into this

day of

in the year

Between (the vendor) of, &c. (1 v) for himself (2), his heirs, executors, and administrators, of the one part, and (the purchaser) of &c. for himself, his heirs, executors, administrators, and assigns, of the other part, as follow: (that is to say)

purchase.

THE said (vendor) doth hereby agree to sell, Agreement for and the said (purchaser) doth agree to purchase the inheritance (3) in fee simple and in possession of ALL those freehold lands, &c. containing by estimation acres statute measure, more or less. And the inheritance according to the custom of the manor, of ALL that copyhold or customary messuage, &c. with the lands thereunto adjoining, containing by estimation acres customary

measure, more or less. And also ALL those lease

(1) If the agreement be entered into by an agent on the part Contract by of either the vendor or purchaser, See ante, No. II. p. 19, agent. n. (1).

(2) Sec ante, No. 1. p. 2, n. (2).

(3) If the vendor have a moiety or other portion only of the Moiety, &c. premises, See ante, No. II. p. 21, n. (3).

PURCHASES. hold messuages, &c. for the residue now to come

AGREEMENTS.

Freehold, Copy

of a term of
day of

years, commencing from the , granted to the said (vendor)

hold, and Lease- by an indenture bearing date the

hold.

Vendor to furnish abstract of title within a given time.

day of

and made between, &c. free from all incumbrances, at or for (4 v) the price or sum of £ (5v), to be paid at the time and in the manner hereinafter mentioned (6 v).

And the said (vendor) doth promise and agree to deliver unto the said (purchaser) within one

So many years purchase. Manor.

Timber sepa-rately valued.

Consideration a

(4) If the estate is sold after the rate of so many years purchase, See ante, No. II. p. 21, n. (4).

And if the premises consist of a manor, add,

"AND it is agreed that the annual value of the fines and heriots, payable in respect of the copyhold premises holden of the same manor upon the alienation or decease of the tenants thereof, shall be estimated or computed by two indifferent persons, to be chosen one by the said (vendor), and the other by the said (purchaser), and the number of years purchase, and the amount thereof on an average of a period of

years, shall be added to the amount of the rental of the said hereditaments for a like period."

(5) If the timber on the freehold part of the estate is to be separately valued, add,

"Exclusively of timber."

If the consideration be a transfer of money in the funds, See transfer of stock. ante, No. II. p. 21, n. (5).

Consideration an annuity.

Fixtures.

Timber.

Purchase money

to remain.

If part of the consideration be an annuity to be paid to the vendor during his life, See ibid.

(6) If part of the premises consist of a house, and the fixtures or furniture are to be taken at a valuation, See ante, No. II. p. 22, n. (6).

If the timber is to be separately valued, See ibid.

If part of the purchase money is to remain on the security of the premises, See ibid.

AGREEMENTS.

Freehold, Copy

calendar month from the date hereof, full and PURCHASES. satisfactory abstracts (7 v) of the title of him the said (vendor) to the said freehold, copyhold, and leasehold premises respectively, but not of the hold, and Leasetitle of the superior or ground landlord of the said leasehold premises, nor of any surrendered lease or leases thereof.

(9), to execute pro

now next, upon receiving (8 v) from the said (pur-
chaser) the said sum of £
per conveyances, surrenders, and assurances of all
and singular the said freehold, copyhold, and lease-
hold premises, according to the nature and quality
of the same respectively, unto or to the use of the
said (purchaser), his heirs, executors, adminis-
trators, and assigns, or as he or they shall direct,
free from all incumbrances, except the quit rents
and the customary dues and services, payable or
to be performed in respect of the said copyhold
premises, and the rent, covenants, and agree-
ments in the said indenture of lease reserved and
contained, on the part of the lessee, assignee, or
tenant of the said leasehold premises, to be re-
spectively paid, performed, and observed (10v).

hold.

(7) If the purchaser agrees to buy subject to all casual defects Purchaser to of title, See ante, No. II. p. 24, n. (7).

take subject to defects.

(8) If the consideration be a transfer of money in the funds, Consideration a See ante, No. II. p. 24, n. (8).

transfer of stock.

(9) If part of the purchase money is to remain on the security Money to reof the premises, See ibid, n. (9).

main.

If part of the consideration be an annuity during the life of Consideration the vendor, See ibid.

an annuity.

(10) If the premises are subject to a mortgage, annuity, or Incumbrances. other incumbrance, See ante, No. II. p. 25, n. (11).