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SEALED AND DELIVERED. Deeds must be under
seal

i. 189
And also delivered

i. 190

SEISIN AND POSSESSION may be delivered by at-
torney

i. 92
SEPARATION, Deed of between man and wife,
form of

vi. 714
Is in the manner of a marriage settlement

ib.
Usual covenants in

vi, 717
Term created to pay an annuity to wife, in case of
separation froin the husband

vi. 432
Proviso, that such an annuity shall cease, if the

husband becomes liable to pay her debts vi. 433
SEQUELS. Who are considered such, and why added

to the word heirs in covenants respecting copy.
holds

vi. 499
SETTLEMENT made previous to marriage, will be
good against purchasers and creditors

vi. 387
But a settlement after inarriage, the party must be

at the time solvent, otherwise it will he void not
only against subsequent debts, but against those
that then subsist

ib.
And if he was not indebted at the time, it will be

good against subsequent creditors, unless exe-
cuted by fraud

vi. 388
Settlements after marriage are strictly construed,

and though good against creditors, will be void
as to future purchasers

ib.
And notice of ihe settlement niakes no difference,

unless it be in pursuance of previous articles ib,
Or in consideration of a jointure subsequently accru-

ing to the wife, or agreed to be given by the
parent

vi. 389
Or upon the surrender of previous provisions ib,
And even though there be new provisions for chil.

dren, not in the first, if the subsequent settlement

be made in consideration of giving up the first vi. 389
A settlement after marriage will be also good after

marriage, if made under the directious of the
court of Chancery, or in consideration of monies

paid over to the husband by the wife's trustees ih.
But though settlements after marriage by persons.

not indebted at the time may be good against
the statute of frauds, yet they are void against
assignees of bankrupts

vi. 390
SETTLEMENTS. Marriage articles relative to free

hold or copyhold lands of a minor, to be settled
on her coming of age

vi. 363

Vol. Page.
SETTLEMENTS. Continued.

Marriaje settlement of freeholds, the estate of the
husband

vi. 387
of freeholds of smaii value, not in strict settle-

vi. 524
Of leasehold premises

vi. 573
Of monies in the funds or other specific personal
property

vi. 021
Of freeholds, leaseholds, monies in the funds, and
other personalty

vi. 637
SETTLEMENT, STRICT, explained

vi. 364
Made after inærriaye, must strictly pursue the pre-

vious articles, otherwise it is voidable by the
future purchasers or creditors

vi. 384
SHELLY'S CASE. The rule in, and observations
therton,

vi. 418
SQU ARE. Lease of

iii. 202
Covenants respecting

iii. 220
STOCK. Loon of on mortgage, how interest in respect
thereof to be computed

iv. 72
Covenant for the retransfer of in a mortgage

iv. 82
SURETY. No consideration is requisite to render an

undertaking to pay the debt of another valid,
but it must be in writing

vi. 1
BURRENDER of copyhold estate to a purchaser, and
deed of covenant thereon

i. 257
Nothing will pass by but what lies in tenure i. 263
Form of

i. 273
The surrenderer must have the legal estate

ib.
Surrender of a lease for years by indorsement ni. 637
Power reserved to lessors to require a surrender of
part of premises demised on norice

iii. 364
Underleases remain good, though the original be

surrendered for the purpose of obtaining a re-
newed term

ii. 626, 627
Surrender of a lease for lives, for the

purpose of
a renewal

jii, 634
Guardians of infants, lunatics, and femes covert,

may surrender leases by order of the court of
Chancery

ib,
Proper words should be used in the surrender of
freehold leases

iii. 635
Livery of seisin not necessary on such surrenders ii. 636
The party surrendering should covenant that he
has done no act to incumber

ib.
Of lease for years by indorsement, form of mi. 637

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Vol. Page.
SURRENDER.- Continued.
No surrender 'whether of freehold or leasehold is
good, except it be by deed

iii. 637
Of copy holds out of court, memorandum of iv, 210
SURVIVORSHIP. Covenant that there shall be no
benefit of between lessees

ji. 591
Proviso of amongst children vi. 445, 538, 586, 589, 680
If no such proviso, the interest of those dying will

sink into the estate for the benefit of the heir vi. 445

T.

ib.

TAIL: Leases by tenants in tail, how to be made
under the statute 52 Hen. 8. c. 28.

iii. 381
Extends only to freeholds

jb.
Are binding in the issue of tail only, and not on

the remainder-man
Form of lease from

ib.
TAXES. How far lessee bound to pay the same under

his covenant
TENANT FOR LIFE. Limitation to

i. 234
Conveyance from, to a purchaser

i. 243
Mortgage by

iv. 172
Where he has a leasing power, cautions respecting iv. 243
Conveyance
of the reversion to

i. 331
Lease from

iii. 366
Power given to, to purchase the estate

vi. 463
TENANT IN TAIL, leases by, only bind the issue, and
not those in remaiuder

iii. 381
Lease from

iii. 366, 381
TENANT IN COMMON. Agreement to purchase the

estate of, may be stipulated to be vacated in
case of the death of either

i. 20 1.
Provision in an agreement for the purchase of pre-

mises by two or more in respect of payment of
the purchase-money

i. 20 n. 28
Conveyance to

i. 503
Lease to

iii, 576
Mortgage to
TENANT IN TAIL. Conveyance from to a purchaser i. 214
Mortgage by

iv. 145
TENANT TO THE PRÆCIPE. How made

i. 217, 225
Should execute the deed

i. 242
TERMS. At whose expence to be assigned. Different
opinions thereou

i. 10 n. 13.

v. 341

Vol. Page.
TERMS.-Continued.

Once assiyned, not an incumbrance, but actual pro-
tection of the inheritance

i. 10 n. 13
Observations on the assignment of

ii. 70
Ought not to be assigned to a purchaser, where the
fee is conveyed to a trustee

ii. 119
Form of creating one in a purchase deed, where

part of the purchase is to remain on niortgage i. 457
Declaration that outstanding terms shall attend the
trusts of a marriage settlement

vi. 488, 562
To be created to raise an annuity by way of pin-
money

vi. 377
By way of jointure

vi, 378
And to portion
daughters

ib.
Cesser of terro declared

vi. 435, 452
Declaration of the trusts of a term of one the u-
sand years in a marriage settlement

vi. 436
To permit reversioner to receive rents, till default
in payment of an annuity

vi. 437
To raise portions for younger children

vi. 438
What powers are vested in trustees for this purpose,

and how the same should be executed vi. 438, 439
TESTATUM. Of deeds and instruments executed by
attornies

i. 23 n. 32
By a corporation

i. 103 n. 29
TIMBER.. Power to fell timber must be expressly

given to a tenant for life, otherwise he cannot cut,
though there be a devise over

vi. 752
To be valued separately on an agreement for the
purchase of a real estate

i. 5
may be made essential to complete an agreement
for the purchase of an estate

i. 14 n. 19
TITLES. Conveyance of by bargain and sale inrolled i. 394

Observations on the modes of conveyance thereof ib.
And whether by bargain and sale or not, should
be enrolled

i. 404
Ecclesiastical persons may grant a lease of their
tithes, under 5 Geo. 3. c. 17.

üi. 289

ii. 289, 291
TITLE. Stipulation that lessor's title shall not be in-
spected, and reason thereof

i. 49 n. 17
Defect of; stipulations in conditions of sale by
auction, in respect thereof, reasonable

i. 87 n. 7.
Grant of in a deed of feoffinent i. 96
In a bargain and sale to be enrolled

i. 120
In a release

169, 170, et plurim.
Should be delivered to mortgagor, to prevent his

being postponed to subsequent incumbrancers iv.

TIME

Lease of

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TITLE DEEDS.

Vol. Page.

TRADE. All restrictions against the general exercise

of a trade are illegal; but a covenant not to exer-

cise a trade within a particular district, is good vi. 348
And a good consideration should be apparent on
the face of such a covenant

vi. 349
See also Copartnership, Debtor and Creditor, and

Leases.
TREES cannot be felled by lessor, without an excep-

tion in the lease, as the lessee has a right to the
shade for the benefit of his cattle

iii. 262

v. 324

TRUSTEES to prevent dower, conveyance to

i. 515
Conveyance to trustees purchasivg under a power i. 537
Where trustees are devisees under a will, all per-

sons beneficially interested should join in the
conveyance

ji. 233
Several covenants by

ii. 245
Restriction of the words grant, bargain and sale
in conveyances by trustees

ii. 247
Directions to trustees to pay dividends

ii. 779
They should have attested copies of instruments de-

livered to them as votice where interests are
charged

ii. 781
Mortgage to trustees under a power

iv. 361
There should be two trustees in deeds of conveyance
for sale

iv. 493
Mortgage by for raising of portions for younger
children

v. 154
Indemuity to on their joining in an annuity deed
For absolute sale, may convey without the owner ij. 232
Ought only to covenant against their own acts, and
not for further assurance

ji. 245, 246, 247
But in an assignment for the benefit of creditors

of leaseholds, they ought to covenant to pay the
rent, and indennify the debtor

vi. 78
Are all liable, if they join in receipts

vi. 119
But not for casual loss, as by the failure of bankers,

or the like, unless it happened through their
gross negligence

ib.
They may retain their expences without any ex-
press clause for that purpose

vi. 121
To preserve contingent remainders, why necessary vi. 409
Power of appointing new trustees essential in every
marriage settlement

vi, 489
Care should be taken against permitting only one to

reinain, as the place of such only survivor must be
supplied by a bill in equity, if he die leaving an
infant heir

ib.

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