Imatges de pÓgina

The abstract should also contain all incumbrances affecting an estate, as judgments &c. The recital of deeds that are lost will be admitted as evidence, and entries in the book of a deceased attorney for charges in executing a deed have been admitted. Shipwith v. Shirley, 11 Ves. 64.

As to the professional duties connected with abstracts of title, read the 3d vol. of Mr. Stewart's valuable work on Conveyancing.


1st Jan. 1790.

ABSTRACT of the title of W. T., Esq., to certain messuages, hereditaments and premises, called [ ], in the parish


in the county of Cornwall.

BY AN INDENTURE of ffeoffment of this date made between W. N.a of

in the parish of [

] in the county

of Cornwall, Esquire, of the first part, G. C. of the same parish and county, Esquire, of the second part, and O. T., of the town of [ ], in the county of Devon, Gentleman, of the third part; WITNESSETH, that in consideration of the

sum of

pounds, to the said W. N., paid by the said G. C., (receipt acknowledged) ], did grant, alien,

he the said [

enfeoff, and confirm unto the said G. C., and his heirs,

All that messuage, &c.b

Together with all houses, &c.

a The first mention of a name should set out the addition; upon its subsequent occurrence, the said [ ] will be sufficient.

b Copy the premises from the deed down to the general words, then as follows, should the description of the premises continue the same throughout the deed mentioned, then in the subsequent deeds, as "all the hereinbefore abstracted premises," should the description vary; but if the premises continue the same, you should mention them as "all the hereinbefore abstracted premises," by the description of all, and setting out their description; and if any deed contains other premises than those in question, mention them as " inter alia all," &c. &c.

And the reversion and reversions, re

mainder and remainders, &c.

And all the estate, &c.

Together with all deeds, &c.

TO HOLD the same with the'r appurtenances unto the said G. C. and his heirs, to such uses, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisions, conditions, and declarations, as he the said G. C. should, by any time or times thereafter, by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of and to be attested by two or more credible witnesses, direct or appoint; and in default of any such direction or appointment, and so far as any such direction or appointment, if incomplete, shall not extend; and in the mean time, and until such direction or appointment should be made.

TO THE USE of the said G. C., and his assigns, for and during the term of his natural life, without impeachment of waste.


TO THE USE of the said O. T. and his heirs, during the natural life of the said G. C., in

trust for him and his assigns.

Remainder TO THE USE of the said G. C., his heirs and assigns for ever.



EXECUTED by the said W. N. and G. C., and attested by two witnesses, with memorandum of livery of seisin, and receipt for consideration money indorsed, signed, and witnessed.

5th & 6th March. 1782

BY INDENTURES of lease and release of these dates, the release being made between the said

aforesaid, of

in the county

G. C., therein described as of

the first part, L. M., of

of Bedford, Gentleman, of the second part, and R. W. of in the county of Cornwall,

Esquire, of the third part.

AFTER RECITING the said hereinbefore abstracted indenture of feoffment,

AND STATING that the said G. C. had contracted and agreed with the said R. W. for

d Set out any unusual covenant or clause.

e Always state by whom the deed is executed, and how such execution was attested, that the purchaser's counsel may see whether it is properly executed or not.

the absolute sale to him of the said capital
messuage, &c. and the fee-simple and inheri-
tance thereof, at or for the price or sum of
pounds; and that the said R. W. not
being prepared to pay the full amount of the
said sum of pounds, requested the said

L. M. to advance him the sum of
pounds, in order to enable him to complete
the said purchase, which the said L. M. had
agreed to do upon having the repayment
thereof with interest secured to him in
manner therein mentioned.

IT IS WITNESSED, that, for the considerations thereinafter expressed, and in pursuance and part performance of the said therein before recited agreement,

HE, the said G. C., in pursuance and by virtue and in exercise and execution of the power of appointment to him the said G. C. in that behalf given and reserved by the thereinbefore recited and before abstracted indenture of feoffment, and of all and every other powers and authorities, power and authority, enabling him in that behalf,

DID by that deed or instrument in writing, by him the said G. C. sealed and delivered in the presence of and attested by the two credible persons whose names are thereon endorsed as witnesses attesting the sealing

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