PART OF LEASEHOLDS WHERE REMAINING PART IS SOLD TO ANOTHER PURCHASER. Assignment to purchaser at apportioned rent. Recite that vendor has part of premises com prised in lease to E. F. ASSIGNMENT OF (purchaser), of the third part (Recite lease): AND WHEREAS the said A. B. has agreed to sell to the said C. D. the messuage and hereditaments intended to be hereby assigned (being part of the premises comprised in the said indenture of lease) for the residue of the said term, subject to the apportioned rent of Recite agree- £6, at the price of £. Now, &c. (assignment to purchaser; ment for sale. covenants by C. D. with A. B. to pay rent and observe covenants in lease as regards the premises assigned as in last Precedent, suprà, pp. 239, 240): AND WHEREAS the said A. B. has sold the remainder of the premises comprised in the said indenture of sold remaining lease to the said E. F., subject to the payment of the yearly rent of £, being the remainder of the said rent reserved by the said indenture of lease, and the same has been or is intended to be assigned to the said E. F. by an indenture bearing even date with these presents, and made between the said A. B., of the first part, the said C. D., of the second part, and the said E. F., of the third part: AND WHEREAS it has been agreed that the said E. F. shall enter into the covenants and confer such powers of distress and entry as are hereinafter expressed: AND THIS INDENTURE ALSO WITNESSETH that in pursuance of the said agreement in this behalf, and in consideration of the premises, the said E. F. hereby covenants with the said C. D. (o), that, &c. (covenant to pay proportion of rent, and observe covenants in lease, and power of distress and entry, the same as the covenants by vendor and the powers following the same in the last Precedent, suprà, pp. 240, 241, substituting throughout "E. F." for "A. B.," and the words "so far as the same relate to the premises assigned to the said E. F. by the said indenture bearing even date herewith," for the words so far as the same relate to the premises comprised in the said indenture of lease which are not hereby assigned"). Agreement that E. F. should enter into covenants and confer powers of distress and entry. Covenants by E. F. and powers of distress and entry accordingly. Covenant to bind executors, &c. IN WITNESS, &c. (o) The 58th section of the Conveyancing Act, 1881, provides that a covenant relating to land not of inheritance, shall be deemed to be made with the covenantee, his executors, administrators, and assigns, and shall have effect as if executors, administrators, and assigns were expressed. No. XV. CONVEYANCE of a LEASEHOLD ESTATE for LIVES (p). THIS INDENTURE, made the CONVEYANCE FOR LIVES. day of BETWEEN A. B., of, &c. (vendor), of the one part, and C. D., of, &c. (pur- Parties. chaser), of the other part: WHEREAS by an indenture dated the day of and made between G. H., of the one part, and for lives. the said C. D., of the other part, ALL, &c. (here set out the par- Recite lease cels as described in the lease), were granted by the said G. H. unto the said A. B., his executors, administrators, and assigns, for the lives of and, and the life of the survivor of them, at the yearly rent of £5, and subject to the covenants and conditions therein contained, and on the part of the lessee, his executors, administrators, and assigns, to be observed and performed: AND WHEREAS the said A. B. hath agreed to sell to Agreement for sale of lease. the said C. D. the hereditaments and premises comprised in the said recited indenture, for the lives and subject as aforesaid, at the price of £: NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of £ to the said A. B. paid by the said C. D. (the receipt whereof the said A. B. hereby acknowledges), the said A. B., as beneficial owner, hereby conveys unto the said C. D., ALL the hereditaments and Conveyance of parcels premises comprised in and granted by the said recited indenture: TO HOLD the same unto and to the use of the said C. D. for the lives of the said and the life of the survivor of them, subject to the rent and the covenants and condi and to purchaser for lives of cestuis que vie. (p) An estate pour autre vie may be limited by the original grant, or by Estates pour any subsequent assurance thereof, either to the grantee and his heirs, in autre vie. which case on his death intestate the heir will take as special occupant, and the property will be chargeable in his hands as assets by descent, as in the case of freehold land in fee simple; or to the grantee, his executors and administrators, in which case the executor or administrator will take by special occupancy, or to the grantee without any words of limitation, in which case it goes to the executor or administrator by virtue of the Wills Act (1 Vict. c. 26), s. 6, and an estate pour autre vie coming to an executor or administrator by reason of a special occupancy or otherwise, is made assets in his hands, to be applied in the same manner as the personal estate of the testator or intestate. If an estate pour autre vie, either by the original grant or by any subsequent assurance thereof, is limited to the grantee, his heirs, executors, and administrators, the heir, and not the executor, will take as special occupant. (Atkinson . Baker, 4 T. R. 229.) OF A LEASE HOLD ESTATE FOR LIVES. Covenant by purchaser to pay rent and CONVEYANCE tions reserved by and contained in the said recited indenture, and on the part of the grantee to be paid, observed, and performed: AND THE SAID C. D. hereby covenants with the said A. B., that the said C. D., his executors, administrators, and assigns, will pay the rent reserved by the said indenture of lease and observe and perform the covenants and conditions therein vendor there- contained, and which henceforth on the lessee's part ought to be observed and performed, and will keep indemnified the said A. B., and his estate and effects, from and against all claims and demands on account of the same. perform covenants, and indemnify from. IN WITNESS, &c. No. XVI. ASSIGNMENT OF FOR RENEWAL. Parties. ASSIGNMENT of LEASEHOLDS for the residue of a TERM THIS INDENTURE, made the day of BETWEEN A. B., of, &c. (vendor), of the one part, and C. D., of, &c. (purchaser), of the other part: WHEREAS, by an indenture, dated, &c., and made between X. Y., of the one part, and the said A. B., of the other part (here recite lease of premises hereinafter described for 99 years, from the day of if E., F., and G., or any of them should so long live, and the covenant for renewal Recite lease to contained in the lease.-Death of E.): AND WHEREAS, by an indenture, dated the day of vendor for a term determinable on lives, and made between the said X. Y., of the one part, and the said A. B., of the other part, in pursuance of the aforesaid covenant and in consideration of the surrender of the said recited lease, and in consideration of the sum of £ to the said X. Y., paid by the said A. B., the said X. Y. demised unto the said A. B., ALL (here describe the parcels as set forth in this lease), to hold the same unto the said A. B., his executors, administrators, and assigns, for the term of 99 years, from the day of, if F. and the said G. and H., or any of them, should so long live, at the yearly rent of £ with covenant and subject to the covenants and conditions in the said indenture for perpetual of lease now in recital contained, and on the lessee's part to be renewal. LEASEHOLDS FOR RENEWAL. observed and performed: AND by the indenture now in recital, ASSIGNMENT OF the said X. Y. covenanted for himself, his heirs, executors, administrators, and assigns, with the said A. B., his executors, administrators, and assigns, that in case of the decease of such one of them the said F., G., and H., as should first die, the said A. B., his executors, administrators, or assigns, should within six calendar months from the dropping of such life give to the said X. Y., his heirs or assigns, or leave at his or their usual or last-known place of abode, a notice in writing, requesting a new lease of the premises for 99 years if such two of them the said F., G., and H., as should be then living, and one other person to be nominated in that behalf by the person or persons giving or leaving such notice, or any of them should so long live, and should within the said period pay the sum of £ to the said X. Y., his heirs or assigns, by way of fine, for the renewal of such lease, then and in such case the said X. Y., his heirs or assigns, would within such period as aforesaid, at the request and cost of the said A. B., his executors, administrators, or assigns, grant unto him or them on the surrender of the lease now in recital, a new lease of the said premises for and determinable on the lives aforesaid according to such notice upon the same terms and under and subject to the same covenants, provisoes, and declarations as were contained in the lease now in recital, including the covenant for renewal: AND WHEREAS the Agreement said A. B. hath agreed with the said C. D. for the sale to him of the premises comprised in the said recited indenture of lease of the day of for the residue of the said term of 99 years created therein by the same indenture as aforesaid, and also of the full benefit of the covenant in the same indenture contained for securing the perpetual renewal of the said lease on the dropping of lives as aforesaid, subject to the said rent and covenants, at the price of £: NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of Considera£to the said A. B. paid by the said C. D., &c. (the receipt, &c.) the said A. B., as beneficial owner, hereby assigns unto the Vendor said C. D., ALL the messuages and premises comprised in and First. demised by the said recited indenture of the day of : Leasehold TOGETHER with the full benefit and advantage of the covenant premises. Secondly. contained in the said last-mentioned indenture for securing the Benefit of perpetual renewal of the said lease on the dropping of lives as covenant for for sale. tion. assigns. renewal. ASSIGNMENT OF therein recited: TO HOLD the same unto the said C. D. for all LEASEHOLDS AND OF COVENANT FOR RENEWAL. To hold premises first assigned to purchaser for the residue now unexpired of the said term of 99 years created therein by the said last-mentioned indenture, determinable as aforesaid, and for all other the estate and interest therein of the said A. B., subject to the said yearly rent of £————, and the covenants and conditions in the same indenture contained, and on the lessee's part to be observed and performed. AND THE SAID C. D. hereby covenants with the said A. B., that the said C. D., and benefit of his executors, administrators, and assigns, will during the said remainder of term determinable on the lives, covenant for renewal to purchaser absolutely. Covenant by purchaser to pay rent and perform cove nauts, and keep vendor indemnified therefrom term determinable as aforesaid pay the yearly rent reserved by the said indenture, and observe and perform the covenants and conditions therein contained and on the lessee's part to be observed and performed, and will keep indemnified the said A. B., and his estate and effects, from all claims and demands on account thereof. IN WITNESS, &c. CONVEYANCE OF FREEHOLDS AND COVENANT TO SURRENDER Parties. No. XVII. CONVEYANCE of FREEHOLDS and COVENANT for the COPYHOLDS. THIS INDENTURE, made the day of, Between A. B., of, &c. (vendor), of the one part, and C. D., of, &c. (purchaser), of the other part: WITNESSETH, that in consideration, &c. (the receipt, &c.), (Conveyance of freeholds to C. D., in fee simple, suprà, p. 225): AND THIS INDENTURE ALSO WITNESSETH that for the consideration aforesaid (Covenant for the surrender of the copyhold hereditaments to the use of C. D., in customary fee simple, suprà, p. 233): AND IT IS HEREBY DECLARED, that for the purpose of the Stamp Act (g) the sum Declaration as to apportionment of Stamp on this deed. (9) This deed will carry an ad valorem stamp on the sum which is declared to be the price of the freeholds, and the surrender of the copyholds will carry an ad valorem stamp on the sum which is declared to be the price of the copyhold portion. See 33 & 34 Vict. c. 97, s. 74. When the property to be sold is freehold and an equitable estate in copyhold, both properties will pass by the deed, so that the deed will be stamped with an ad valorem duty on the entire purchase-money. |