PURCHASES. LEASEHOLDS. Joint-tenants, &c. to Purchaser. No. LXXIX. Assignment of Leasehold Premises by two Jointtenants or Tenants in common to a Purchaser. Variations as in margin below (1). Parties. Recital of assignment of lease. THIS HIS INDENTURE of two parts, made the day of reign, &c. and] in the year of our Lord part, and (the purchaser) of, &c. other part. year of the of the one of the WHEREAS, &c. AND WHEREAS by divers mesne assignments and other acts in the law, and particularly by a certain indenture of assignment, bearing date the in the year day of and made between A. B. of the one part, and (the testator) of the other part, the messuages or tenements and other the premises comprised in and demised by the said indenture of lease, were assigned to and became Brevity. (1) See also the notes and variations to Vol. II. No. LXX. p. 128, et seq. (2) If brevity be particularly desired, the words within brackets may be omitted throughout the precedent. LEASEHOLDS. Joint-tenants, vested in the said (testator) for all the then residue PURCHASES. of the said term of years, subject to the rents, covenants, and agreements on the tenant, lessee, or assignee's part, to be paid, observed, and performed, for or in respect of the same premises. AND WHEREAS the said (testator) by his last will Of will devising and testament in writing, bearing date the &c. to Purchaser. the premises to the vendors. day of in the year , gave and bequeathed the said messuages or tenements, and other the premises hereby assigned, or mentioned or intended so to be with their respective appurtenances, unto the said (vendors) their executors, administrators, and assigns, as joint-tenants, (or as the case may be). AND WHEREAS the said (testator) soon after departed this life without revoking or altering his said will, which soon after his decease was duly proved in the prerogative court of the Archbishop of Canterbury, by the executors therein named. AND WHEREAS the said Contract for purchase. (purchaser) hath contracted (1) with the (vendors) for the absolute purchase of the said messuages or tenements, pieces or parcels of ground, comprised in the said indentures of lease and assignment respectively, for the now residue of the said term years, by the said indenture of lease demised, (subject as aforesaid) at or for the price of (1) If the premises were sold by public auction, see ante, Auction. p. 132, n. (1). If the sale were before a Master in Chancery or Deputy Re- Sale by order membrancer of the Court of Exchequer, see Vol. I. p. 188. of court. PURCHASES. or sum of £ LEASEHOLDS. Joint-tenants, &c. to Purchaser. WITNESS, that in con. sideration of the purchase money. and the same are now in tended to be conveyed to him in the manner hereinafter expressed. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for and in consideration of the sum of £ of good and lawful money of that part of the United Kingdom of Great Britain and Ireland, called England (1), to the said (vendors) or one of them, by and with the privity and approbation of the other of them, testified by their respectively signing the receipt or acknowledgment for the same hereupon indorsed (2), in hand well and truly paid by the said (purchaser), at or immediately before the sealing and delivery of these * (1) If the consideration for the purchase be other than of money, vary this part of the draft agreeably to Vol. I. No. XVI. p. 165, n. (6). (2) Or the consideration money may be paid to each of the vendors according to their respective interests in the premises, it which case it may be expressed as follows: of "For and in consideration of the sum of £ lawful money, &c. in hand well and truly paid to the said (one of the vendors) at or before the sealing and delivery of these presents, &c. as and for the absolute purchase of one full undivided moiety or half part (or as the case may be), (the whole into two equal parts being considered as divided), of and in the said lands and hereditaments, the receipt whereof, and that the same is in full, &c. (as in the text); and for and in consideration of the sum of £ of like lawful and current money, in hand at the same time well and truly paid to the said (other vendor) as or for the purchase of the other undivided moiety or half part (the whole being so considered as divided as aforesaid), of or in the same lands and hereditaments, the receipt whereof, &c." LEASEHOLDS. Joint-tenants, &c. to Purchaser. grant and presents (1), the receipt whereof in full for the PURCHASES. purchase of the messuages, ground, and other the premises mentioned or intended to be hereby assigned or otherwise assured, the said (vendors) do and each of them doth hereby acknowledge, and thereof, and of and from every part thereof, do and each of them doth fully and absolutely acquit, release, exonerate, and for ever discharge the said (purchaser) his executors, administrators, and assigns, and also the said messuages and premises, by these presents, They the said (vendors) The vendors HAVE and each of them HATH bargained, sold, assign. assigned, transferred, and set over, and by these presents, Do and each of them DоTH fully and absolutely bargain, sell, assign, transfer, set over, and confirm unto the said (purchaser) his executors, administrators, and assigns, ALL those the said several messuages or tenements, pieces or parcels of ground, (or as the case may be) 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 assigned and transferred to the said (testator) by the said in part recited indenture of assignment of the day of as hereinbefore is mentioned, with all and every the rights, members, easements, privileges, advantages, and appurtenances to the (1) If the sale were by public auction, state the payment of Auction. the purchase money, as ante, p. 132, n. (1). LEASEHOLDS. &c. to Purchaser. PURCHASES. same premises belonging, or therewith or with any part thereof, now or usually holden, occupied, or enjoyed; TOGETHER with the said in part recited Joint-tenants, indentures of lease and of assignment, and all mesne assignment and underleases, if any, thereof, and all benefit and advantage of the same respectively, and of all and every the covenants, clauses, provisoes and agreements therein contained, which on the part of the lessor or landlord, or any underlessee or underlessees of the said premises are to be performed or observed. AND all the estate, right, title, interest, term of years now to come and unexpired, property, claim, and demand whatsoever, of them the said (vendors) and of each of them, both at law and in equity, or otherwise howsoever, of, in, or to the said premises, and every or any part or parcel thereof, under or by virtue of the said indenture of lease, and the said TO HOLD to the in part recited will, or otherwise howsoever. purchaser for the residue of the term. Το HAVE AND TO HOLD the messuages or tenements, and all and singular other the premises hereby assigned, or otherwise assured or intended so to be, and every part and parcel thereof, with their and every of their respective rights, members, privileges, easements, advantages, and appurtenances, unto the said (purchaser) his executors, administrators, and assigns, from henceforth for and during all the residue or remainder of the said term or period of years in and by the said in part recited indenture of lease granted, which is or may be yet to come and unexpired, by effluxion and computation of time, and in such |