Abbildungen der Seite
PDF
EPUB

PURCHASES.

No. LXXIV.

An Assignment of an undivided Moiety or other
Portion of Leasehold Premises to a Purchaser.

Variations as in margin below (1).

LEASEHOLDS.

Undivided

Moiety, &c.

[blocks in formation]

Recital of a

will devising

&c. (2). AND WHEREAS the said (lessee) by his
last will and testament in writing, bearing date
day of
which was in the another.

the year

gave and bequeathed the said messuages, &c. comprised in the said indenture of lease, unto his sons A. B. and the said (vendor) (or as the case may be) as tenants in common for the residue which, at the time of his decease, should be to come of the said term of

years, in or by the said indenture of lease to him thereof granted as aforesaid. AND WHEREAS the said testator departed this life on or about

the premises to

the vendor and

(1) See notes, &c. to No. LXX. p. 129, et seq.
(2) Recite here the lease, as in No. LXX. p. 129.

Recitals.

PURCHASES. the

LEASEHOLDS.

Undivided Moiety, &c.

Contract for
Purchase.

WITNESS, that

[blocks in formation]

without altering or revoking his said will as to the bequest of the said leasehold premises, so made to them the said A. B. and (vendor); AND WHEREAS the said will soon after the decease of the said testator, was duly proved in the Prerogative Court of the Archbishop of Canterbury, by the executors therein named (1). AND WHEREAS all debts owing by the said testator have been long since fully paid and satisfied out of other his estate and effects. AND WHEREAS the said (vendor) hath contracted (2) with the said (purchaser) for the absolute sale to him of his moiety or half part (or as the case may be) of and in the messuages or tenements and premises, comprised in the said indenture of lease, for the now residue of the said term of

in consideration years, at the sum of £

NOW THIS

of the purchase INDenture witneSSETH, that for and in considera

money.

tion of the sum of £

of lawful money (3), of

Intestacy.

(1) If the lessee died intestate, recite (after the lease)

"AND WHEREAS the said (lessee) departed this life on or

[blocks in formation]

which was in the year and the said (vendor) his

[blocks in formation]

Auction.

Consideration.

ministration of the estate and effects of the said intestate,

were granted to the said

and (vendor) as such next of day of

kin, as aforesaid, on or about the

court of

by the

(2) If the sale were by public auction, recite as ante, No. LXX. p. 132, n. (1).

(3) If the consideration for the purchase were other than money paid at the time of execution of the conveyance, see ante, Vol. I. No. XVI. p. 165, n. (6).

LEASEHOLDS.

Undivided

Moiety, &c.

the United Kingdom of Great Britain and Ireland, purchases. of English value and currency, to the said (vendor) in hand well and truly paid 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 purchase of the messuages or tenements and premises hereinafter described, and mentioned or intended to be hereby assigned, the said (vendor) doth hereby acknowledge, and of and from the same doth acquit, release, exonerate, and for ever discharge the said (purchaser) his executors, administrators, and assigns, and every of them; and also the said messuages or tenements and premises, by these presents, He the said (vendor) [HATH bargained, sold, assigned, transferred, The vendor and set over, and by these presents DOTH bargain, sell, assign, transfer, and set over, unto the said (purchaser), his executors, administrators, and assigns, ALL that undivided moiety or full half part Parcels. (the whole into two equal parts being considered as divided) of and in ALL those (1) the said several messuages or tenements, &c. (as the case maybe) and all and singular other the premises comprised in, and expressed to be demised by the said hereinbefore in part recited indenture of lease of the day of [and so bequeathed to the said (vendor) and A. B. in or by the said in part recited will as

assigns.

(1) If any material variations, by reason of new erections or Parcels. otherwise, have taken place in the description of the premises, since their demise or assignment to the vendor, see No. LXX. p. 136, n. (2).

To

LEASEHOLDS.

Undivided

purchaser for

the residue of the term.

PURCHASES. hereinbefore is mentioned,] and of and in all every the rights, privileges, easements, advantages, and appurtenances whatsoever, to the same Moiety, &c. premises belonging, or now usually or heretofore occupied or enjoyed therewith, or with any part thereof; together with [or a true and attested copy of] the said in part recited indenture of lease, and [of] all mesne assignments, if any thereof; [and all benefit and advantage of the same;] and all the estate, right, title, interest, term or number of years now to come and unexpired, property, claim, and demand whatsoever, both at law and in equity, or otherwise howsoever, of him the said (vendor) of, in, to, upon, or concerning of the said premises, TO HOLD to the or any part or parcel thereof, To HAVE AND TO HOLD the said undivided moiety or full half part of and in the said messuages or tenements, and all and singular other the premises hereinbefore assigned, or mentioned or intended so to be, [and every part and parcel of the same,] with their and every of their rights, privileges, easements, advantages, and appurtenances, unto the said (purchaser) his executors, administrators, and assigns, from henceforth for and during all the residue or remainder, which is or may be now to come and unexpired by effluxion and computation of time, of the said term or period of years, in and by the said in part recited indenture of lease Subject to the granted thereof or therein; SUBJECT nevertheless together and in common with the said A. B. his executors, administrators, and assigns, to the payment of the yearly rent in and by the same in

rent and cove

nants in the lease.

[ocr errors]

day of

now

LEASEHOLDS.

Undivided Moiety, &c.

Covenant by

vendor that

lease is valid;

denture of lease reserved, which shall become PURCHASEs. due from and after the last past, and to the performance and observance of the covenants, provisoes, and agreements therein contained, which on the tenant's part or behalf are thereby required to be observed and performed from and after the date of these presents. AND the said (vendor) for himself, his heirs, executors, the assigned and administrators, doth hereby covenant, promise, and agree, with and to the said (purchaser) his executors, administrators, and assigns, in manner following (that is to say) that for and notwithstanding any act, deed, matter, or thing whatsoever, made, done, committed, executed, or knowingly suffered or omitted by him the said (vendor) or the said (testator) deceased, to the contrary, the said hereinbefore in part recited indenture of lease, mentioned to bear date the

day of

is at the time of the sealing and delivery

of these presents, a good, valid, and effectual
lease, both at law and in equity, of and for all and
singular the messuages or tenements, and premises
thereby demised and hereby assigned, and that
the same,
and the said term of years therein,
now are and is in full effect, and in no wise for-
feited, surrendered, assigned, determined, or be-
come void or voidable, or otherwise prejudicially
affected in any manner howsoever; [AND that the
rents and other payments, in or by the same in-
denture of lease reserved, and the lands, sewers,
and other taxes, rates, and assessments, charge-
able upon the said premises, or the tenant or

[blocks in formation]
« ZurückWeiter »