A Treatise on Conveyancing

91A

FORM X.

Form of Grant of several attendant Terms by way of Underlease.

AND IT IS ALSO WITNESSED, that in further pursuance of the said resolutions, and for carrying the same into effect, and in consideration of ten shillings to each of them the said several parties hereto of the second and third parts paid by กา the said R. C. and E. J. they the said several persons, parties hereto of the second and third parts, according to their several and respective estates, rights, and interests, and at such request, and with such privity, consent, and approbation, and testified as aforesaid, do, and each and every of them doth demise, lease, set, and to farm let unto the said R. C. and E. J. their executors, administrators and assigns, ALL such and so many, and such parts of all and singular the castle, manors, or lordships, or reputed manors or lordships, messuages, farms, lands, and hereditaments whatsoever, comprised in the said indentures of lease and release, and bargain and sale, and each or either of them, as are now vested in the said several persons, parties hereto of the second and third parts respectively, or any of them, for any term or terms of years in mortgage, for securing

any gross sum or sums of money and interest wing to them, or to those for whom they are trustees, or for any term or terms for years, for securing any annuities to them respectively, or to those for whom they are trustees, with their and every of their rights, royalties, members, and appurtenances; TO HOLD the same castle, manors, and other hereditaments, with their appurtenances, unto the said R. C. and E. J. their executors, administrators, and assigns, henceforth for and during the term or several terms for years which each of the said persons respectively, parties hereto of the second and third parts, hath in the same castle, manors, and hereditaments respectively, except the last day of each of the same terms (being an exception made to the intent and for the purpose of preventing the of the same merger of any terms) NEVERTHELESS UPON TRUST for such person and persons, and to and for such ends, intents, and purposes, and to be from time to time assigned and disposed of in such manner and form in all respects, as the said L. S. and L. S. the younger, or the survivor of them, his heirs or assigns, or the trustee or trustees who from time to time shall be substituted in his or their place or stead shall direct and appoint; and that the said L. S. and L. S. the younger, and the survivor of them, his heirs or assigns, shall from time to time, and at all times during the continuance of the same several and respective terms, and in the mean time, and until such assignment or assignments shall be made, be interested in and have the direction of the same terms respectively upon, under, and subject to the same or the like trusts, and for the same or the like ends, intents,

and purposes, in all respects, as are hereinbefore expressed and declared concerning the inheritance of the said hereditaments and premises, or as near thereto as may be, and the circumstances of the case and the nature of the tenure or estate, and the rights of the persons beneficially interested will admit: and (subject thereto) UPON THIS FURTHER TRUST, that the said R. C. and E. J.. and the survivor of them, his executors, administrators, and assigns, do and shall assign the said castle, manors, hereditaments, and premises, for all the then residue of the several and respective terms hereby demised therein, unto such person and persons, and for such ends, intents, and purposes, as the said C. Lord C. and J. E. A. or the survivor of them, his heirs or assigns, or the trustee or trustees for the time being of the said recited indentures of release and bargain and sale, shall direct or appoint. There followed,

A covenant from each of them the said several parties thereto of the second and third parts severally, separately, and apart from the others of them that he had not done any act to encumber.

ANALYTICAL DIGEST,

BY WAY OF

INDEX TO THE PRINCIPAL POINTS IN THIS VOLUME.

ACTION of debt or covenant is not maintainable by the
original lessor against an under-lessee

A right of action is releasable, and not by the common
law transferable
AGREEMENT. It depends on the intention of the parties
whether an instrument shall operate as an agreement
or as a lease

Page.

127

• 269

174, 177

When there are words of demise in the present tense the
instrument will be a lease

ALIEN may stand seised to an use, but such use will be void
as against the crown
An alien may be a cestui que use for the benefit of the

ANCIENT DEMESNE. Lands of the tenure of ancient
demesne may become frank-fee by fine, &c. &c.
With the distinctions

ANNUITY. A personal annuity in fee cannot be created
without a lien binding the heirs
APPORTIONMENT. Form granting an apportionment of
rent in a release -

NMENT

ASSIGNEE AND ASSIGNMENT. Assignee of a term
may be a releasee

An instrument purporting to be a lease operates as an
assignment when it transfers all the estate of the
termor

And operates as an under-lease when it leaves a rever-
sion in the termor, though for an hour, &c.
The estate of an under-lessee is not capable of enlarge-
ment by release from the original lessor, while the
original lessee's estate is continuing

Of grants of attendant terms by under-lease
ATTAINTED PERSON may stand seised to an use

Such use will be void as against the crown or the lord
The cestui que use will be entitled to hold the land till
office found -

- 259

ATTAINTED PERSON-continued.

May alien after crime committed and before attainder as
against the lord claiming by escheat

But not as against the lord claiming the benefit of for-
feiture

In case of attainder for treason there is forfeiture, and
the forfeiture relates to the time of the crime com-
mitted

He may be a cestui que use

After attainder he may bar an estate-tail and remainders

Page.

260

ATTENDANT TERMS. When there is an under-lease,
and it is purchased by the owner of the inheritance
in the name of a trustee, it will not attend the inherit-
ance without express declaration.

Under-leases by the trustees of these terms frequently
convenient

• 127

Cautions to be observed in this mode of practice
ATTORNEY to give or receive livery may be appointed by
indenture, although not a party to it
Livery of an infant by attorney is void.
ATTORNMENT was necessary at common law on a grant
of a remainder or reversion, or of services
AVOIDANCE. See Estate of Freehold, Leases for Years,
Condition.