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presents, and of the conveyance to be made pursuant thereto, XVI. Sale of to present to the said rectory, and to the diocesan of the same,

tation by or any person competent in that behalf, when the church Tenant in fail

in Remainder. 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. 3. The said (tenant in tail] will, at his own expense, make Vendor to de

liver abstract; and 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 to the said rectory. In case the decease of the said (tenant to refund

purchase for 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 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

together with interest for the same from the day of the date of these presents, at the rate of £- - per centum per annum, without deduction.

IN WITNESS, &c.

ance does not

time.

sum of £

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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

Parties.

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A quasi entail (a) The having issue is not an essential preliminary to the of an estate

power of alienation in the case of an estate pour autre vie, limited pour autre vie to one and the heirs of his

body, as it is in the case of a condimay be conveyed by an

tional fee at common law, Hargr. n. Co. Litt. 19 a.; from which ordinary con- the mode of barring by alienation was evidently borrowed : veyance. 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 re-
mainders over, by alienation of the estate pour autre vie, in the

same manner as those who are strictly speaking tenants in tail Disposing may do by an enrolled assurance; such as a conveyance by the power of a

quasi tenant in tail, or surrender to the immediate remaindermun quasi tenant

or reversioner, although it be only to renew the lease, and alin tail.

though 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 Stat. 7 Will. not bar the remainderman by his will. The Statute of Wills, 4 & 1 Vict. 7 Will. 4 & 1 Vict. c. 26, s. 3, extends the devising power over c. 26, 8. 3.

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

autre vie.

deliver abstract.

veyance.

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. [describe parcels], for the sum of £

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 now next, convey and assure unto the purchaser, or as he shall direct, the said messuage and premises, for the (d) life 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].

day of

tion of conveyance.

ESTATE FOR
OTHER LIVES.

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.

(6) If the estate be held for the lives of other persons, say, “the estate of him the vendor, for the lives of [nominees], Freehrena

Reference to granted and demised by an indenture, bearing date the lease.

18–, and expressed to be made 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, But subject to the rent, covenants, conditions, and agree- Subject to ments, reserved and contained in the said indenture of rent and

day of

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AUTRE VIE.

covenants. lease.”

LEASEHOLD.

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XVII. Sale of 5. All (9) rates, taxes, and outgoings, payable for or in

Estate for
Life or pour respect of the said premises, to the

day of autre vie. shall be paid by the vendor, from which time the purchaser Delivery of shall be let into possession of the said premises, and for this possession.

purpose time shall be of the essence of the contract. Death of ven- 6. The death of the said (h) [rendor], before the said dor not to affect agree. day of

next, shall not in anywise affect this agreement.

IN WITNESS, &c.

ment.

Parties.

to sell.

XVIII. AGREEMENT for the Sale of a Re

MAINDER or REVERSION in Fee expectant on an

Estate for Life.
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. Vendor agrees

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 Parcels. &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 £ To deliver ab- 2. The vendor shall within, &c. [&c. ut ante, p. 403].

3. [Delivery of requisitions, &c., ut ante, p. 403.] Requisitions,

4. [Vendor may rescind if requisitions pressed, ante, p. 404.]

5. [As to errors of description, see pp. 404, 409.] All necessary 6. The vendor and all other necessary parties (if any), parties to execute con- shall, on or before the said

receiving from the purchaser the said sum of £ execute a proper conveyance of the said remainder or re

stract.

&c.

day of

on

veyance.

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LEASEHOLD
FOR LIVES.

ESTATE FOR
OTHER LIVES.

(9) If held by lease say "rent.”
(1) “[nominees], or any or either of them, before, &c.”

(6) 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.

Purchaser

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 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

duty. from (k).

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 (7). 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 rendor 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

day of

contract.

(k) In the absence of stipulation to the contrary, the purchaser must pay the succession duty : Cooper v. Trewby, 28 Beav. 194.

(2) 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.

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