Gambar halaman
PDF
ePub

life.

ment of

title (e).

III. Sale of bank of Messrs. to the credit of the account of the Mansionhouse,

said (trustees] the sum of £-, and a receipt for the Manors, &c. same, signed by the said trustees, shall upon such payment by Tenant for

be handed over to the purchaser by the said bankers; and the purchaser shall pay the balance of the purchase-money at

the time and in manner hereinafter mentioned. Delivery of 6. Within days from the date of these presents the abstract.

vendor shall at his own expense make and deliver to the purchaser or bis solicitor an abstract of the title of the vendor

to the property sold, subject to the following stipulations :Commence.

As to the greater part of the property being of freehold tenure, and comprising the mansion-house and its appurtenances, and the demesne lands, and the farms, cottages, lands, and hereditaments particularly described in the first part of the said schedule hereunder written, the title shall commence with indentures of lease and release dated the

and days of - 18—, respectively, being a conveyance of the same premises to A. B.: And as to the other part of the property, also being of freehold tenure, comprising the several farms, cottages, lands, and hereditaments particularly described in the second part of the same schedule, the title shall commence with a general demise of real estate contained in the will of [testator], of, &c. deceased, and the purchaser shall assume without proof that the said (testator] was [at the date of his said will and thereafter until his death (f)] seised or otherwise entitled in fee simple, free from incumbrances, of or to the last-mentioned premises : And as to other part of the property, being the copyhold portion thereof, and containing acres or thereabouts, and comprising

that trustees are not justified in permitting their solicitor to
receive the proceeds of sale of the settled property: Re Bellamy
and Metropolitan Board of Works (C. A.), 4 L. T. 801. Unless,
therefore, it is convenient for the trustees or one of them to
attend
upon

the execution of the contract to receive the purchasemoney, other arrangements must be made, e.g., it may be stipulated that the purchaser shall pay the deposit

" into the Bank to a deposit account in the joint names of the vendor and purchaser, and at their joint risk.”

(e) For other stipulations as to title, evidence of title, &c., see tit. CONDITIONS OF SALE.

(f) The words in brackets will be necessary only in the case of a will dated before 1837.

life.

the several closes of land and hereditaments also particularly III. Sale of described in the second part of the same schedule, the title

Mansion

house, shall commence with an admittance dated, &c. : And as to the Manors, &c. leasehold portion of the property, comprising the messuages

by Tenant for and lands thereto adjoining, particularly described in the third part of the said schedule, the title shall commence with the said hereinbefore-mentioned indenture of lease : And as to the residue of the property, comprising several detached cottages, closes of land, and hereditaments, containing altogether acres or thereabouts, and particularly described in the fourth part of the said schedule hereunder written (and which last-mentioned premises were purchased by the vendor, or by the trustees of the said indenture of settlement, at his request from time to time since the year 18–), the purchaser shall be satisfied with such titles as the vendor himself or the said trustees accepted on the occasion of the respective purchases.

7. [Delivery of objections and requisitions, ante, p. 409.]

8. The sale is made subject to the said fee farm rent of Sale made £ and to the quit and other rents, heriots, fines and farm rent and

subject to fee services, and covenants herein before mentioned or referred to manorial

rights, &c. respectively, and all rights of the lord of the said manor of C., and to all subsisting rights of way and water, and other subject of

compensation. easements affecting the premises. If any mis-statement, error, or omission shall, in the description of the premises,

any other error whatsoever, be discovered relating thereto, such mistake, omission, or error shall not annul the sale, but a compensation shall be allowed or given by the vendor or purchaser as the case may require, such compensation to be settled by two referees, or their umpire, to be appointed in manner provided by clause 3 hereof.

9. No requisition or inquiry shall be made as to the As to creation creation or origin of the said fee farm rent, or of any of the of rents, &c. said quit and other rents, fines, and heriots. 10. The vendor shall not be required to distinguish the Asto evidence

of identity. precise limits or boundaries of the said manors hereby agreed to be sold respectively, or of the several lands held under different titles as aforesaid, or to furnish any evidence or information not in his possession as to the existence or nature of any manorial rights or franchises, or otherwise, as to the said manor, or as to the identity of the property sold with that described in the muniments of title:

Errors to be

or

[graphic]

day of

III. Sale of 11. The purchaser shall assume that all notices required Mansionhouse,

by the Settled Land Act, 1882, have been duly given, and Manors, &e. shall not make any objection or requisition with respect to by Tenant for life.

such notices. As to notices.

12. [If requisitions are insisted on, vendor may rescind, ante,

p. 404.] Completion 13. The purchaser shall on the of purchase.

pay to the trustees at the office of their said solicitors at Lincoln's Inn Fields, the balance of the purchase-money, and the amount of the valuation aforesaid (f), and the purchase shall then and there be completed; the vendor and all other necessary parties shall thereupon execute a proper conveyance of the property to the purchaser. Such convey.

ance (preparation of conceyance, ante, p. 405). As to cove- 14. Inasmuch as the vendor is selling as tenant for life nants for title by vendor and under the powers of the Settled Land Act, 1882, he shall concurrence of trustees.

not be required to enter into any covenants for title other than such as are implied by his conveying as beneficial owner; PROVIDED always that as regards the reversion or remainder expectant on the determination of his life estate, and the title to and further assurance of the property after his death, such implied covenants shall not extend to the acts or defaults of any person other than himself, and his heirs, and persons deriving title under him or them. The trustees of the said indenture of settlement will concur in the conveyance, but only for the purpose of testifying their consent to the sale hereby contracted to be made, and acknowledging the receipt of the purchase-money, and of the amount of the said valuation, and their concurrence shall not be required for any other purpose.

15. [Purchaser to hare possession on day fixed for completion, ante, p. 406.]

16. [If purchase not completed on day fixed, purchaser to pay interest for the purchase-money "and the amount of the raluation aforesaid,ante, p. 406.]

(f) Where the deposit is paid to a deposit account in the joint names of the vendor and purchaser, add, “And at the same time the deposit shall be withdrawn from the said bank and paid over to the said trustees, but all interest which shall have accrued thereon up to that date shall be paid to the purchaser.”

life.

17. [On default of purchaser to complete, the deposit shall be III. Sale of

Mansionforfeited to the vendor, and vendor may rescind this contract, and

house, resell the property, ante, p. 407.]

Manors, &c.

by Tenant for 18. The contract hereby expressed and intended to be made shall not become absolutely binding upon the vendor until

Contract not the expiration of one calendar month from the said

lutely binding (9), without any proceedings being taken to till expiration prevent the sale hereby contracted to be made.

of period of

notice. As WITNESS, &c.

THE SCHEDULE ABOVE REFERRED TO.

to be abso

day of

day of

IV. PROVISIONAL CONTRACT by a Tenant

FOR LIFE under the Settled Land Act, 1882, for

the Sale of Heir-Looms (). THIS CONTRACT made the 18–, BETWEEN (tenant for life], of Hall, in the Parties. County of (herein referred to as the vendor) of the one part, And [purchaser], of &c. (hereinafter referred to as the purchaser) of the other part: Whereas under or Recitals, by virtue of an indenture of settlement dated the

of settle

ments; , 18-, and expressed to be made between [ parties], the vendor is now entitled as tenant for life in possession to the settled lands thereby devised, and to certain personal chattels, including the chattels and articles specified in the schedule hereto annexed, settled on trusts so as to devolve with the said settled lands until a tenant in tail by purchase should attain the age of twenty-one years;

day of

(9) This clause will only be necessary when the notice was given to the trustees and their solicitor less than one month before the execution of the contract for sale. (h) By sect. 37 of the Settled Land Act, 1882, it is enacted Heirlooms. that

"(1) Where personal chattels are settled on trust so as to devolve with land until a tenant in tail by purchase is born or attains the age of twenty-one years, or so as otherwise to vest in some person becoming entitled to an estate of freehold of inheritance in the land, a tenant for life of the land may sell the chattels or any of them.

"(2) The money arising by the sale shall be capital money arising under this Act," &c.

“(3) A sale or purchase of chattels under this section shall not be made without an order of the Court.”

[graphic]

IV. Sale of AND WHEREAS by an order dated the day of
Heirlooms

18—, and made by his lordship Sir A. B., one of the justices for Life.

of the Chancery Division of Her Majesty's High Court of of appoint- Justice [trustee], of &c. and (trustee], of &c., were on the ment of trustees;

application of the said vendor appointed trustees under the

said will for the purposes of the Settled Land Act, 1882; of notice to AND WHEREAS on the day of — , 18—, the trustees.

vendor duly gave notice of his intention to make sale of the said chattels and premises specified in the schedule hereto annexed to each of the said trustees and also to their solicitors, as required by sect. 45 of the said Act. NOW THESE PRESENTS WITNESS, and the vendor (so far as relates to the acts on his part to be performed) hereby agrees with the purchaser, and the purchaser (so far as relates to the acts on his part to be performed) hereby agrees with the vendor as

follows, that is to say Agreement 1. The vendor shall sell, and the purchaser shall purchase for sale.

for the sum of £-- the jewels, plate, pictures, statues, and other works of art, books, furniture, and other chattels

and articles specified in the schedule hereto annexed. Payment of 2. Immediately upon the execution of these presents, the purchasemoney to purchaser shall pay by way of deposit into the bank of deposit

Messrs. account.

to the credit of the account of the said trustees,

, the sum of £ and shall pay the balance of the purchase-money into the said bank to the credit of the same account on the —

day of

18—, or as soon as conveniently may be thereafter, on which day the purchase

shall be completed. Purchaser to 3. If the purchaser shall not, on or before the said pay interest till payment. day of - pay the balance of the purchase-money in accordance with the stipulation herein

before contained, he shall

pay interest for the same at the rate of £5 per cent. from that date until actual payment of the said balance, such interest to be paid, together with the said balance, into the said bank, and to the credit of the account aforesaid: PROVIDED ALWAYS that the purchaser shall not be bound to pay in the balance of the purchase-money, or any interest for the same, unless an order of the Court as hereinafter is mentioned shall have been obtained on or before the day of

18Delivery of 4. Upon production of the said receipts for the payment heirlooms to purchaser. of the deposit and balance of the purchase-money respec

« SebelumnyaLanjutkan »