XVI. Sale of Next Presentation by in Remainder. become com presents, and of the conveyance to be made pursuant thereto, to present to the said rectory, and to the diocesan of the same, or any person competent in that behalf, when the church Tenant in Tail shall, by death, resignation, privation, cession, or other means first and next after the date of these presents, happen to when he shall be void, any son of him, the said [purchaser], who, in the petent. happening of the events, may then be in holy orders, and capable of taking and holding the same; and if the said [purchaser] shall not then have any such son, who shall so then be in holy orders, and capable of taking and holding as aforesaid, then some other fit and proper person, who shall then be in holy orders, and so capable of taking and holding as aforesaid, on a bond of resignation by such person to vacate the living of the said rectory and parish church in favour of one of two sons of him the said [purchaser], in such bond to be specially named and described, who shall thereafter take holy orders, and be capable of holding the same living. liver abstract; 3. The said [tenant in tail] will, at his own expense, make Vendor to deand deliver unto the said [purchaser], or his solicitor, an abstract of the title of him the said [tenant in tail] to the said advowson, right of patronage, and presentation of and ance does not to the said rectory. In case the decease of the said [tenant to refund purchasefor life] shall not happen in the lifetime of the said [tenant money if the in tail], or in case no such avoidance as aforesaid of the said next avoidrectory shall happen in the lifetime of the said [tenant in fall in his tail], or if such avoidance shall happen in the lifetime of the time. said [tenant for life], or if the said [tenant for life] in exercise of his statutory powers in that behalf shall sell the advowson or the next presentation to the said rectory, then and in either of such cases he the said [tenant in tail], his heirs, executors, or administrators, shall, within the space of six months next after the decease of the said [tenant for life], refund and pay unto the said [purchaser], his executors, administrators, and assigns, his said consideration money, or sum of £- -, together with interest for the same from the day of the date of these presents, at the rate of £centum per annum, without deduction. IN WITNESS, &c. per Parties. A quasi entail of an estate pour autre vie may be conveyed by an ordinary con veyance. Disposing power of a quasi tenant in tail. Stat. 7 Will. XVII. AGREEMENT for the SALE of an Estate for the LIFE of the Vendor; or for the Life of another Person or Persons (a). AN AGREEMENT made the day of 18-, BETWEEN [vendor], of &c. (hereinafter called the vendor), of the one part; and [purchaser], of &c. (hereinafter called the purchaser), of the other part. 1. The said vendor agrees to sell, and the purchaser agrees (a) The having issue is not an essential preliminary to the power of alienation in the case of an estate pour autre vie, limited to one and the heirs of his body, as it is in the case of a conditional fee at common law, Hargr. n. Co. Litt. 19 a.; from which the mode of barring by alienation was evidently borrowed: Hargr. n. Co. Litt. 20 a (5); 2 Gwill. Bac. Abr. 543. Estates pour autre vie, not being entailable within the statute de donis conditionalibus, 13 Ed. 1, c. 1, such persons as have interests in them in the nature of estates tail, may bar their issue and all remainders over, by alienation of the estate pour autre vie, in the same manner as those who are strictly speaking tenants in tail may do by an enrolled assurance; such as a conveyance by the quasi tenant in tail, or surrender to the immediate remainderman or reversioner, although it be only to renew the lease, and although the surrender be made without the concurrence of the trustees of the legal estate, or even by an agreement, either to sell or settle the estate: Low v. Burrow, 3 P. Wms. 262; 2 Eq. Ca. Abr. 394, pl. 1; Baker v. Bayley, 2 Vern. 225; Norton v. Frecker, 1 Atk. 524; Wasteneys v. Chappel, 3 Bro. P. C. 50; Forster v. Forster, 2 Atk. 259; Blake v. Blake, 1 Cox, 266; Blake v. Luxton, G. Coop. 178. But not by devise: Saltern v. Saltern, 2 Atk. 376; Campbell v. Sandys, 1 Sch. & Lef. 281. In Dillon v. Dillon, 1 Ball & B. 95, the settlement was of lives renewable for ever, and the quasi tenant in tail, on whose will the question arose, had died without issue, so that his estate was spent, and on that ground Lord Manners held that he could not bar the remainderman by his will. The Statute of Wills, 7 Will. 4 & 1 Vict. c. 26, s. 3, extends the devising power over all real and personal estate which the testator shall be entitled to at the time of his death, and which would otherwise devolve upon his heir at law or customary heir, or upon his executor or administrator; and the clause further declares that the power thereby given shall extend to estates pour autre vie, whether there shall or shall not be any special occupant thereof. The clause in the Statute of Frauds, by which the question was formerly governed, does not mention special occupancy generally, but alludes to "the heir," and to "executors and administrators," as special occupants. But the language of the Courts has always treated the issue quasi in tail and the remaindermen as special occupants; see Saltern v. Saltern, 2 Atk. 376; and the question upon the statute, whether the earlier part of the clause just cited controls the general meaning of the subsequent words relating to to purchase, ALL that the estate for life, without impeachment XVII. Sale of of waste, of the vendor (b), of and in that messuage or tenement Life or pour and hereditaments with the appurtenances, situate, &c. [de scribe parcels], for the sum of £ Estate for autre vie. deliver abstract. 2. The vendor, shall at his own cost, make and deliver To make and unto the purchaser, or his solicitor, an abstract of the title to the premises (c). 3. If it shall appear to the satisfaction of the purchaser's If title good, solicitor that the vendor has a good title to an estate for to make conhis life in the said premises, then the vendor and all other necessary parties shall, on or before the day of now next, convey and assure unto the purchaser, or as he shall direct, the said messuage and premises, for the (d) life veyance. of the vendor, free from all incumbrances (e); And, at the And deliver same time, deliver unto the purchaser all the title deeds and title deeds. writings in the possession or power of the vendor, relating to the said premises. 4. The said conveyance shall be prepared by and at the Preparaexpense of the purchaser [continue, ut ante, p. 405]. tion of conveyance. Wife's estate estates pour autre vie has never yet been decided. When a married pour autre vie. woman has a freehold in an estate pour autre vie, either absolutely, or quasi in tail, (not held by statute or otherwise to her separate use, ante, p. 215,) a conveyance by herself and her husband, acknowledged by her, is necessary: Duke of Grafton v. Hanmer, 3 P. Wms. 266, note; Perk. s. 613; Harg. n. Co. Litt. 121 a; 2 Bl. Com. 355; 5 Cru. Dig. 200; Wms. n. 2, Saund. 175 f. (3); Gilb. Uses, 40, 244. ESTATE FOR freehold (b) If the estate be held for the lives of other persons, say, "the estate of him the vendor, for the lives of [nominees], Reference to granted and demised by an indenture, bearing date the lease. 18-, and expressed to be made day of between [lessor], of &c., of the one part, and the vendor (or [lessee], of &c.), of the other part; of and in ALL THAT, &c." (c) Here insert any stipulations as to commencement of title, delivery of requisitions, &c. as may be required, vide ante, Precedents I., II., &c. (d) "for the lives of the said [nominees], and the [survivors ESTATE POUR and] survivor of them." (e) If held by lease, say, AUTRE VIE. LEASEHOLD. "But subject to the rent, covenants, conditions, and agree- Subject to ments, reserved and contained in the said indenture of rent and lease." covenants. XVII. Sale of 5. All (g) rates, taxes, and outgoings, payable for or in Life or pour respect of the said premises, to the autre vie. Delivery of possession. Death of vendor not to affect agree ment. Parties. Vendor agrees to sell. Parcels. To deliver abstract. Requisitions, &c. All necessary parties to execute conveyance. LEASEHOLD ESTATE FOR day of shall be paid by the vendor, from which time the purchaser shall be let into possession of the said premises, and for this purpose time shall be of the essence of the contract. 6. The death of the said (h) [rendor], before the said day of next, shall not in anywise affect this agree IN WITNESS, &c. XVIII. AGREEMENT for the SALE of a RE- AN AGREEMENT made the day of 18-; BETWEEN [rendor], of &c. (hereinafter called the vendor), of the one part; and [purchaser] (hereinafter called the purchaser), of &c., of the other part. 1. The vendor hereby agrees to sell, and the purchaser agrees to purchase, the remainder or reversion in fee of him the vendor, expectant upon the determination of the estate for life, without impeachment of waste, of [tenant for life], of &c., of and in ALL THOSE messuages, &c. [describe parcels], with their appurtenances, free from all incumbrances (i), at or for the price or sum of £ 2. The vendor shall within, &c. [&c. ut ante, p. 403]. 4. [Vendor may rescind if requisitions pressed, ante, p. 404.] on receiving from the purchaser the said sum of £execute a proper conveyance of the said remainder or re (g) If held by lease say "rent." (h) "[nominees], or any or either of them, before, &c." (i) If the tenant for life is the purchaser add, "to the intent that the same may merge and be extinguished in the inheritance, and that the purchaser may immediately on the completion of the purchase become seised of the premises for an estate in fee simple in possession." Sale of Reversion. version unto the purchaser, or otherwise as he shall direct, XVIII. For free from incumbrances. Such conveyance shall contain a covenant by the purchaser to pay and discharge all succession Purchaser duty which shall become payable upon the death of the said agrees to pay [tenant for life], and to keep the vendor indemnified there- succession from (). duty. be at pur 7. The said conveyance shall be prepared by and at the Conveyance to expense of the purchaser; And shall be left for approval on chaser's exthe part of the said vendors' solicitors days at least pense; before the time fixed for completion of the purchase. 8. The deeds and documents of title, relating to the said messuages and premises, are in the possession of the said [tenant for life], as such tenant for life as aforesaid. The said conveyance shall contain the following covenants by the vendor, that is to say,-that so soon as by the death of custody of the said [tenant for life], or otherwise, the said deeds and deeds (4). documents shall come into the possession of the vendor, he the vendor will forthwith deliver to the purchaser all such of the said deeds and documents as relate exclusively to the same messuages and premises; and also that he the said vendor will upon the request in writing of the purchaser, his heirs and assigns, but at the cost of the person or persons making such request, produce to the purchaser, his heirs and assigns, such of them as shall relate not only to the said messuages and premises hereinbefore mentioned, but also to other property of him the vendor, and which it is agreed shall accordingly be retained by him, and will make and furnish to the purchaser, his heirs and assigns, or allow him and them to make and take, copies, abstracts, and extracts thereof and therefrom; and in the meantime keep the said deeds and documents safe, whole, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident (m). 9. If the said conveyance and assurance should not be Time, the executed before the said then this essence of the contract. must pay day of (k) In the absence of stipulation to the contrary, the purchaser the succession duty: Cooper v. Trewby, 28 Beav. 194. (7) If the tenant for life is the purchaser, this clause will be omitted. (m) A statutory acknowledgment and undertaking is not applicable to the above circumstances, vide ante, p. 253, tit. ACKNOWLEDGMENTS. |