Advowson. deeds. and remainders, reversion and reversions, of and PURCHASES. in the said advowson, right of patronage, hereditaments and premises, and every of them respectively;] AND all the estate, right, title, interest, use, trust, property, possession, possibility, claim and demand whatsoever, both at law and in equity, of him the said (vendor) in, to, out of, upon, or respecting the same premises or any of them: [TOGETHER with all deeds, muniments, and Grant of title writings whatsoever, which in any wise relate to the said advowson, right of patronage, [lands,] hereditaments, and premises, or any part thereof, either alone or together with other hereditaments or property of inferior value, and which now are or hereafter shall or may be in the possession or lawful power of the said (vendor) his heirs or assigns, or of any other person or persons from whom he or they can or may procure the same, without action or suit at law or in equity; and And copies. true and attested copies (duly stamped), when and as the said (purchaser), his heirs or assigns, shall require the same, of all other deeds, muniments, writings, and evidences, (not being of record), which now are or hereafter shall or may be so in his, their, or any of their possession, custody, or power as aforesaid, in any wise relating to the same advowson, right of patronage, hereditaments, indenture (1); and by force of the statute made for transferring uses into possession. (1) See the form of the bargain and sale, Vol. I. No. XIII. Bargain and p. 110, and see ib. p. 117. sale. Advou son. PURCHASES. and premises, or any of them, jointly with other hereditaments or property of equal or greater value; such copies, when first required, to be made and delivered at the expense of the said (vendor) his heirs, executors, or administrators; but all future copies to be made and taken at the purchaser in fee expense of the said expense of the said (purchaser) his heirs or assigns]. To HAVE AND TO HOLD the said advowson, right of patronage, and free disposition of, in, or to the said rectory, vicarage, parsonage, or parish church of and all and To HOLD to the simple. singular the glebe lands, tithes, and other the hereditaments and premises hereinbefore (1) described, and hereby bargained and sold, or otherwise assured, or intended so to be, with their and every of their rights, members, privileges, appendages, and appurtenances, unto "the said (purchaser) and his heirs, to the use and behoof of him the said (purchaser), his heirs and assigns for ever" (2), so and in such manner as that he the said Lease and release. Dower. (1) If the conveyance be made by lease and release, say, "Hereinbefore and in the said indenture of bargain and sale described, and hereby granted and released or otherwise assured, &c." as above. (2) If the conveyance be by lease and release and be intended to be made to a trustee for preventing dower, insert the limitation given in precedent No. XXXI. Vol. II. instead of the words within inverted commas. The limitation to the trustee, on the determination of the purchaser's life estate, should, however, in the case of an advowson or other incorporeal hereditament, be to his "heirs" and not to his "executors and administrators," as in the form referred to above, Vol. II. No. XXXI. as there cannot be a special Advowson. (purchaser), his heirs and assigns, shall or lawfully PURCHASES. and rightfully may, at the now next, and all and every other future avoidance and avoidances of the said church, by death, resignation, or otherwise, present to the same. AND (1) the said (vendor) Covenant by vendor that be is seised in fee. deed. occupancy of incorporeal property; vid. 4 Elem. Conv. 2d edit. p. 152. 272. 2 Bridgm. 373. Ripley v. Watterworth, 7 Ves. jun. 440, 448. Co. Lit. 41, n. 24; but if heirs or executors are named in the grant they will be quasi special occupants, see Campbell v. Sandys, 1 Sch. and Lefr. 289, and 2 Bridgm. 373; but where the conveyance is by bargain and sale to be enrolled Uses of the such limitation is inadmissible, as the use in a bargain and sale cannot be limited to any other than the bargainee, for it being vested in him by virtue of the consideration paid by him to the bargainor, any further limitation will be void as an use, on the principle that one use cannot be limited out of another-see Tyrrel's case, 2 Dyer, 155, a. 1 Ch. Ca. 114. Poph. 81. Another and perhaps a more sensible reason is, that as the use is raised by the consideration; it must necessarily be confined to him by whom such consideration was paid. Hence this species of assurance cannot be made use of where the limitation is intended to be made to a trustee of the purchaser's in the modern form, for the purpose of preventing a title to dower. Vide 2 Sand. Us. and Tr. 60. 4 Cru. Dig. 194. 322. 4 Elem. Conv. 656, nor where powers of leasing or other powers to be executed by the statute of uses are intended to be reserved, and vid. Sug. Pow. 111. If the vendor's wife be party, add here a covenant to levy a Wife. fine, (see Shep. Prac. Counc. c. 2, s. 9); for the form of which see Vol. II. No. XXXI. p. 11. and sell" as to If the wife of the vendor be a party, make these covenants Wife. accord with that circumstance, as in Vol. II. No. XXXI. p. 20. (1) If the bargain and sale be of lands, &c. in the East or Force of the North Riding of the county of York, or in the West Riding of words" bargain the said county, or in the town and county of Kingston upon Hull, (but not elsewhere, as has by some been erroneously supposed) the consideration money whereof shall exceed £50, these covenants for the title may be omitted; it being enacted by lands in York shire. Advowson. PURCHASES. for himself, his heirs, executors, and administrators, doth hereby covenant and declare, to and with the said (purchaser) his heirs and assigns, in the manner following (that is to say), that for and notwithstanding any act, deed, matter, or thing whatsoever, at any time heretofore made, done, executed, occasioned, or knowingly suffered, or omitted by him the said (vendor) [or any of his ancestors] to the contrary, he the said (vendor) at the time of the sealing and delivery of these presents, is lawfully, rightly, 6 Ann. c. 35. sec. 30, that in all deeds of bargain and sale enrolled in pursuance of that act, whereby any estate of inheritance in fee-simple is limited to the bargainee and his heirs, the words grant, bargain, and sell, shall be construed to express covenants to the bargainee, his heirs and assigns, from the bargainor, for himself, his heirs, executors, and administrators, that the bargainor, notwithstanding any act done by him, was, at the time of the execution of such deed, seised of the hereditaments thereby granted, bargained, and sold of an indefeasible estate in fee-simple, free from all incumbrances, (rents and services due to the lord of the fee only excepted), and for quiet enjoyment thereof against the bargainor, his heirs and assigns, and all claiming under him; and also for further assurance to be thereof made by the bargainor, his heirs and assigns, and all claiming under him, unless the same shall be restrained by express words' contained in such deed: and the bargainee, his heirs, executors, administrators, and assigns, may in any action assign breaches thereupon, as they might do in case such covenants were expressly inserted. This section is confined to lands in the East Riding of Yorkshire and Kingston upon Hull; but the 34th section of the same act extends the same provision to lands within the West Riding of that county, the mortgage or purchase money whereof shall exceed £50, and a similar clause is contained in the 8 Geo. II. c. 6, relative to the registry of deeds affecting lands in the North Riding. Advowson. and absolutely seised as of fee (1), or otherwise PURCHASES, entitled in his own right, and to his own use, of, in, and to all and singular the advowson, right of patronage, [glebe lands,] hereditaments, and premises herein before bargained and sold (2), or otherwise assured, or intended so to be, as of, in, or for a good, perfect, clear, absolute, and indefeasible estate of inheritance, in fee-simple, in possession, and in severalty, without there being any manner of trust, condition, power of revocation, or of limiting any new or other use or uses, or former or other now subsisting grant of any next, or future turn, or avoidance, or any other qualification, restriction, matter, or thing whatsoever, expressed or implied, which can or may revoke, determine, abridge, qualify, alter, charge, incumber, or prejudicially affect the same in any manner howsoever. AND also, that (for and not- And hath right to convey, &c. withstanding any such act, deed, matter, or thing as aforesaid) he the said (vendor) now hath in himself full power, and lawful and absolute right and title to bargain, sell, and confirm, all and singular the said advowson, hereditaments and premises, and the possession, reversion, and inheritance thereof, "unto and to the use and behoof of the said (purchaser) his heirs and (1) The words " in his demesne," as of fee, the student will Demesne. perceive are omitted, as an incorporeal hereditament, not lying in tenure, cannot be the subject of demesne. This covenant may, however, in general be altogether omitted. (2) If the conveyance is made by lease and release, say Lease and throughout the covenant, "Granted and released, or otherwise," &c. as above. release. |