Commentaries on the Laws of England

tures commons hedges ditches fences ways waters watercourses liberties privileges easements advantages and appurtenances whatsoever to the said messuage farm cottages closes and parcels of land and hereditaments or any of them appertaining or with the same or any of them now or heretofore demised occupied or enjoyed or reputed or known as part or parcel of them or any of them or appurtenant thereto And all the estate right title interest claim and demand of the said John Brown and Mary his wife and each of them in to and upon the same premises To have Habendum. and to hold the said messuage farm cottages closes and parcels of land and hereditaments and all and singular other the premises hereinbefore expressed to be hereby granted unto the said Thomas Smith his heirs and assigns To the use of the said Thomas Smith his heirs and assigns for ever And it is hereby declared that the said Thomas Smith was not married on or before the first day of January one thousand eight hundred and thirty-four to a wife now living and that no widow of the said Thomas Smith shall be entitled to dower out of the said premises (b) And the said John Brown doth hereby for himself his Covenants for heirs executors and administrators covenant with the said Thomas title. Smith his heirs and assigns that notwithstanding anything by him the said John Brown or by Mary his wife or by the said Matthew Brown done or knowingly suffered (c) they the said John Brown and Mary his wife, now have full power to grant and dispose of all and singular the said premises herein before expressed to be hereby granted to the use of the said Thomas Smith his heirs and assigns And that the same premises shall at all times remain and be to the use of the said Thomas Smith his heirs and assigns and be quietly entered into and upon and held and enjoyed and the rents and profits thereof received by the said Thomas Smith his heirs and assigns accordingly without any lawful interruption or disturbance by the said John Brown and Mary his wife or either of them or any person lawfully or equitably claiming through or in trust for them or either of them or through or in trust for the said Matthew Brown And that free and discharged from or otherwise by him the said John Brown his heirs execu

(b) This declaration in bar of dower of the grantee's widow is not infre quently omitted, and properly so, inasmuch as no clog upon alienation by deed or devise arises from the existence of a wife, who may become entitled to dower, and her claim is at least equal to that of an heir at law. If the grantee have been married before the 1st January, 1834, the conveyance takes a different form, and is to uses to bar dower: a third party, Henry Wright, is introduced, and the grant is to Henry Wright and his heirs, "To have and to hold the said messuage, farm, cottages, closes, and parcels of land and hereditaments, and all and singular the premises hereinbefore expressed to be hereby granted Unto the said Henry Wright and his heirs To such uses, for such estates, and in such manner as the said Thomas Smith shall by deed appoint. And in default of and until any such appointment, and so far as no such appointment shall extend To the use of the said Thomas Smith and his assigns during his life, without impeachment of waste. And after the determination of that estate by any means in his lifetime To the use of the said Henry Wright and his heirs during the life of the said Thomas Smith In trust for the said Thomas Smith and his assigns. And after the determination of the estate so limited to the said Henry Wright as aforesaid To the use of the said Thomas Smith, his heirs and assigns, for ever. And it is hereby declared that no widow of the said Thomas Smith shall be entitled to dower out of the said premises." As to this last declaration a similar remark applies, see ante, p. 259.

(c) The covenants for title extend to the acts of John Brown and his wife, and also to those of his father; but they extend no further, as Matthew Brown is supposed to have purchased the property.

tors or administrators sufficiently indemnified against all estates incumbrances claims and demands created occasioned or made by the said Mathew Brown John Brown and Mary his wife or any of them or any person lawfully or equitably claiming through or in trust for them or any of them And further that he the said John Brown and his heirs and Mary his said wife and every person having or lawfully or equitably claiming any estate right title or interest in or to the said premises or any of them through or in trust for the said Mathew Brown John Brown and Mary his wife or any of them will at all times at the cost of the said Thomas Smith his heirs or assigns execute and do every such lawful assurance and thing for the further or more perfectly assuring all or any of the said premises to the use of the said Thomas Smith his heirs and assigns as by him or them shall be reasonably required In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

The schedule above referred to.

[L. S. ]

[ L. S. ]