Land with Easement. 732. Description of a Lot, with a Right of Way, and of Making a Drain. All [etc., bounding the lot as in other forms, and adding :] Together with a right of way in and over a certain strip of land along the west side of the store on the above-granted premises, for the said party of the second part, his heirs and assigns, and his and their servants, and the tenants and occupants from time to time of the premises above granted, and any other person or persons for his and their benefit and advantage [in common with the said party of the first part, his servants and the tenants and occupants of his premises adjoining], at all times freely to pass and repass, on foot or with animals, vehicles, loads or otherwise, to and fro, between the premises hereby granted and the highway or street, the said strip of land and way being feet wide. And also together with the right to enter a drain from the above-granted premises into the drain now running under the said strip of land, to be used as a way as aforesaid, and the same to use as a sewer or drain from the above-granted land to the common sewer in the street or highway [subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue, in paving, repairing and cleansing the said way and drain]. 733. Description of a Lot Abutting on An Alley With Right of Way Therein, Subject to Charges and Covenants. All that certain lot, piece or parcel of land, with the buildings thereon erected, situate in the Fifth Ward of the city of New York, on the westerly side of Broadway, being part of a tract of land formerly called "The Pasture Lots," formerly the property of Augustus Van Cortlandt and Frederick Van Cortlandt, and distinguished in maps and conveyances relating thereto as lot No. 16 (sixteen) and the letters F. V. C., being bounded as followsto wit: Beginning at a point on the westerly side of Broadway, distant southwardly fifty feet from the southwesterly corner of Broadway and White-street; thence running westerly along the lot distinguished on said maps and conveyances by the Number 17 and the letters A. V. C., to a certain alley in the rear thereof that extends from White-street to the street now called Franklin-street, lately Sugar-Loaf-street; thence southerly along said alley to the lot distinguished on the said maps and conveyances by the Number 15 and the letters A. V. C.; then easterly along the said lastmentioned lot to Broadway; and thence northerly along the said Broadway to the place of beginning; containing in front and rear each twentyfive feet, and in length on each side one hundred and fifty feet, be the same more or less. And also the right and privilege to use the said alley as a way or passage from the said lots to the aforesaid streets in common with all the proprietors of the other lots of ground adjoining upon that alley; which said alley is twenty-five feet in width, and was made by land taken off the rear of the said lot and the other lots fronting upon Broadway in the same range and block with it; whereby those lots have become reduced in length from one hundred and seventy-five feet (their original length) to one hundred and fifty feet or thereabouts, be the same more or Conveyance of Land Subject to Easement. less. And it is understood that all charges and expenses of sustaining the said alley, or relating thereto, are charged and chargeable upon all and every of the lots adjoining upon that alley in equal proportions. And it is further understood and agreed, that the lot of ground hereby intended to be granted, bargained and sold, is hereby bargained, granted and sold, subject to that charge or encumbrance, as also to all such covenants, conditions and restrictions as may be contained in any existing deed or writing whatsoever establishing the said alley, and for restraining the owners of the said lot of ground hereby granted from erecting any buildings other than a coach-house or stable fronting on the said alley. 734. Grant of Easement Appurtenant to Lot Bounding on a Court or Alley. [Add:] Together with one-half of the part of said court or alley which lies in front of the premises hereby conveyed, subject to a perpetual right of way over the same to all and every the owners and occupants of the premises lying adjacent to and abutting on said court or alley; and the parties of the first part hereby convey to the said party of the second part, his heirs and assigns, a perpetual right of way from street through the said alley or court to and from the premises hereby conveyed, in common with said owners and occupants, and also a perpetual right and privilege to use in common with them the drain or sewer running through the centre of said court or alley. 735. Premises Subject to Easement for Party-walls. [Add:] Subject, nevertheless, to the use of the walls on the easterly and westerly sides respectively of the said lot, by M. N. and O. P., their heirs and assigns, the grantees of the said party hereto of the first part of the lots next adjoining the lot hereby conveyed on said sides respectively, as partywalls.(2) 736. Premises Subject to Easement for Drain. [Add:] Subject, nevertheless, to a sewer or drain passing through the premises hereby conveyed for the use and benefit of other premises of the said party of the first part, adjoining the same upon the south, said sewer and drain to remain as at present used for the benefit of the adjoining premises.(a) 737. Description of Water Power.(b) All [etc., describing the land, as in other cases], together with the privilege of bringing water from the dam to the mill thereon [or, a mill to be (2) If the easement is created by a deed on record, it is advisable to refer to it. (a) See preceding note. (b) For another form, measuring by capacity of flume, see Form 755. Exceptions and Reservation. erected thereon], sufficient to keep a saw-mill(c) in operation, at all times when there is so much more than is wanted, by the party of the first part, his heirs or assigns, to drive a grist-mill with three run of stones. (c) 738. Reservation of Ground for Streets, etc. [Insert immediately after the boundaries:] saving and reserving from and out of the hereby granted premises such streets as are now or hereafter may be laid out through the premises hereby granted; and whenever any such streets may be laid out, over and across the said premises, that the same shall be made at the expense of the said party of the second part, his heirs or assigns, and be and forever remain public streets, in like manner as other public streets are or ought to be. 739. Exception and Reservation of Mines, With Covenant for Payment of Rent and Damages. Excepting and reserving unto the said A. B., his heirs and assigns, all mines, veins, seams and beds of coal, ironstone and other minerals whatsoever already found, or which may hereafter be found, upon or under the lands hereby assured, or expressed so to be, with full liberty of ingress, egress and regress at all times for him, the said A. B., his heirs and assigns, and his and their servants, agents and workmen in and upon the said lands, and either with or without horses and other cattle, carts and wagons, and other carriages, for the purpose of searching for, working, getting and carrying away the said mines and minerals, and with full liberty also for him, the said A. B., his heirs and assigns, to sink, drive, make and use pits, shafts, drifts, adits, air-courses and water-courses, and to erect and set up fire and other engines, machinery and works, and to lay down railroads and other roads in, upon, under and over the said lands, or any of them, for the purpose of more conveniently working and carrying away the said mines and minerals, and also to appropriate and use any part of the surface of the said lands for depositing, placing and heaping thereon the minerals, waste, rubbish and other substances which may be gotten from the said mines, and generally to do all other acts and things necessary or proper for working and getting the said mines and minerals according to the most approved practice of mining in the district: PROVIDED ALWAYS, that the said A. B., his heirs or assigns, do and shall pay to the said Y. Z., his heirs or assigns, the annual sum of dollars for every acre, and so in proportion for any less quantity than an acre of land, the surface whereof shall be appropriated or used for any of the purposes aforesaid, so long as such appropriation or use shall continue, and until the surface shall be restored, as nearly as may be practicable, to its original state and condition before such appropriation or use commenced; and provided, also, that the (e) Designating thus a particular use will not be construed to exclude by implication other uses calling for no more than an equivalent power. Cromwell v. Selden, 3 N. Y. (3 Comst.), 258; Wakely v. Davidson, 26 N. Y., 887. Deed of Various Estates less than Fee. working of the said mines shall be conducted in such a manner as not to endanger any buildings now being on the said lands, or which may hereafter be erected on the site of, or within yards of the site of any present buildings, and generally to do as little damage or injury to the surface of the said lands as shall be consistent with the proper working of the said mines; and provided, also, that the said A. B., his heirs or assigns, shall pay to the said Y. Z., his heirs or assigns, adequate compensation for all damage or injury which he or they, or his or their tenants may sustain by reason of the working of the said mines, or the exercise of any of the liberties and privileges hereby excepted and reserved, the amount of such compensation, and all other matters in difference which may arise between the parties in connection with the said excepted mines, minerals, liberties and privileges to be ascertained by arbitration [may state mode of appointing arbitrators as in a LEASE]. Deeds Creating or Conveying Particular Estates Other Than An Absolute Fee. 740. Deed Conveying a Life Estate, With Remainder Over. THIS INDENTURE, made this day of eight hundred and and State of between A. B., of in the year one thousand in the county of merchant [and C. B. his wife], of the first part, and W. X. and Y. Z., of in the said county, gentlemen, of the second part, WITNESSETH: That the said party of the first part, in consideration of dollars to him [or, them] paid by the said parties of the second part, the receipt whereof is hereby acknowledged, has [or, have] granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, convey and confirm unto the said parties of the second part, all [here insert description of the premises]. To HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances and every part thereof, unto the said W. X. and his assigns, for and during the natural life of said W. X., and upon his death then unto the said Y. Z., his heirs and assigns, forever. TOGETHER WITH [etc., as in other forms]. 741. Deed By a Tenant for Life. in the year one thousand in the county of in the THIS INDENTURE, made this day of eight hundred and between A. B., of and State of merchant, of the first part, and Y. Z., of said county, farmer, of the second part, WITNESSETH: That the said party of the first part, in consideration of dollars to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part, and to his executors, administrators [or, his heirs] and assigns, forever, all the estate, right, title Estate for Life; Assignment of Dower. and interest of the party of the first part-to wit, an estate for and during his natural life in all [here insert description of the premises]: TOGETHER with the appurtenances thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof: To HAVE AND TO HOLD all and singular, the above-granted premises, together with the appurtenances and every part thereof, unto the said party of the second part, his executors, administrators [or, his heirs] and assigns, to his and their use for and during the natural life of the said party of the first part [if there is any encumbrance, add, subject to, etc., specifying it]. And the said party of the first part, for himself and his heirs, executors and administrators, does covenant, promise and agree, to and with the said party of the second part, his executors, administrators [or, his heirs] and assigns, that the said party of the first part, at the time of the sealing and delivery of these presents, is lawfully seized in his own right [or otherwise, as the case may be], of a good, absolute and indefeasible estate of freehold, for and during the natural life of the said of and in all and singular the above-granted premises, with the appurtenances [if conveyed subject to an encumbrance, say, subject as aforesaid]: And the said party of the second part, his executors, administrators [or, his heirs] and assigns, shall and may, at all times hereafter during said life, peaceably and quietly have, hold, use, occupy, possess and enjoy the above-granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction or disturbance of the said party of the first part or his assigns, or of any other person or persons lawfully claiming or to claim the same: And that the said party of the first part, at the time of the sealing and delivery of these presents, has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered in presence of [Signature of witness.] red} 742. Assignment of Dower. THIS INDENTURE, made this eight hundred and and State of day of A. B. [Seal.] between A. B., of in the year one thousand , in the county of first part, and Y. Z., of merchant, and C. D., of said place, physician, of the in the said county, widow of W. Z., late of said place, deceased, of the second part: WHEREAS the said W. Z. was in his lifetime and at the time of his death seized in fee of certain lands and tenements in which upon the decease of the said W. Z. descended to the said parties of the first part, subject to the dower-right of the said party of the second part: Now THIS INDENTURE WITNESSETHI, that the said parties of the first part have endowed and assigned, and by these presents. do endow and assign unto the said party of the second part, the one-third part of the said lands and tenements-to wit [here insert description of the part allotted to her]: To HAVE AND TO HOLD the said premises unto the |