ASSIGNMENTS. That in consi deration, &c. The termor assigns, have been conveyed and assured to the use of the said (purchaser) Term to attend and his heirs. AND WHEREAS the said (purchaser) hath requested (purchaser). that the now residue of the said term may be assigned to the said (trustee) upon the trusts and for the purposes hereinafter exWITNESS. pressed. Now THIS INDENTURE WITNESSETH, that in pursuance of the said request [* and in consideration of the sum of 10s. of lawful current money of Great Britain, to the said (termor), in hand well and truly paid by the said (trustee), at the time of sealing and delivery of these presents, the receipt whereof is hereby acknowledged], HE the said (termor), at the request, and by the direction of the said (vendor) [and at the nomination of the said (purchaser)], testified by their severally being parties to these presents, HATH bargained, sold, assigned, transferred, and set over, and by these and the vendor presents DOTH bargain, sell, assign, transfer, and set over; AND the said (vendor), at the request and nomination of the said (purchaser) testified in like manner as aforesaid, and for the considerations mentioned in the said in part recited indenture of release HATH bargained, sold, assigned, ratified, and confirmed (1), and by these presents], DOTH bargain, sell, assign, ratify, and confirm unto the said (trustee), his executors, administrators, and assigns, ALL (2) those the said several messuages, lands, tenements, hereditaments, and all and singular other the premises comprised in, and expressed to be assigned to the said (termor) by the said in part recited indenture of assignment, of the day of hereinbefore is mentioned (being the same messuages and hereditaments as are expressed to be granted and released, to the use of the confirms, Parcels, as Brevity, Intent of making the vendor join. Part of premises sold. If brevity be particularly desired, the parts of the precedent within brackets may be omitted. (1) The intent of making the freeholder join in granting and confirming the term, is to renovate or re-create the term, should it by any means have become void; see Denn dem. Wilkins v. Kemeys, 9 East, 366.; but the use of this is very problematical when the assignment of the term is made to attend, as the purpose of the old term is to protect the inheritance against mesne incumbrances, which cannot be effected by the creation of a term de novo. (2) If part only of the premises comprised in the term be sold, insert a full description of them here, adding, “And which said messuages, lands, tenements, and hereditaments are part and parcel of the messuages, lands, tenements, and hereditaments comprised in, and expressed to be demised by the hereinbefore in part recited indenture of mortgage of, &c. and being the same messuages, &c." as above, said (purchaser) and his heirs, by the said indenture of lease and release hereinbefore mentioned to bear even date herewith), and to and with all and every the appurtenances to the said hereditaments belonging; AND all the estate, right, title, interest, term or number of years now to come and unexpired, trust, property, possession, claim and demand whatsoever, both at law and in equity, of him the said (termor), of, in, to, or respecting the same hereditaments and premises, and every part thereof, under or by virtue of the said indenture of assignment. To HAVE AND TO HOLD the said messuages, lands, tenements, hereditaments, and [all and singular other the] premises [hereby assigned, or otherwise assured, or intended so to be, with their respective appurtenances], unto the said (trustee), his executors, administrators, and assigns, from henceforth, for and during all the residue or remainder which is or may be yet to come and unexpired of or in the said term of years [in and by the ASSIGNMENTS. (purchaser) To hold to the trustee for the residue of the term. attend the inhe ritance. said hereinbefore in part recited indenture of the day of expressed to be demised to the said (mortgagee) as aforesaid], BUT IN TRUST nevertheless for the said (purchaser), his Upon trust to heirs and assigns, and to be assigned and disposed of from time to time as he or they shall direct or appoint concerning the same respectively, and in the mean time, IN TRUST and to the intent that the residue, for the time being, of the said term and estate hereby expressed or intended to be assigned, shall and may attend and wait upon the reversion and inheritance of the (1) hereditaments and premises hereby assigned (2), (for the sole use and benefit of the Part of premises (1) If part only of the premises comprised in the term be sold, say, "The, reversion and inheritance of such part and parts of the sold. lands, tenements, and hereditaments as in and by the said hereinbefore in part recited indenture of release of even date herewith, is or are thereby expressed or intended to be granted and released, or otherwise assured." (2) If the conveyance of the inheritance was to uses, &c. instead of Uses. the words with brackets, say: "In trust and to the end and intent that the said term and estate shall and may attend upon the reversion and inheritance of the hereditaments hereby assigned, in order to protect, &c. as above, and to be from time to time subservient in all things to the uses, trusts, intents, and purposes declared or expressed concerning the messuages, &c. in or by the said hereinbefore in part recited indenture mentioned to bear even date herewith." ASSIGNMENTS. Term to attend (purchaser). Covenant by termor that he to encumber. said (purchaser) and his heirs,) in order to protect and defend the same from and against all subsequent and intermediate encumbrances, if any such there be [and IN TRUST, that he the said (trustee), his executors, administrators, and assigns, shall and do permit and cause the said term and estate to be used and disposed of for that purpose accordingly]. AND the said (termor), for himself, his heirs, execuhas done no act tors, and administrators, doth hereby covenant and declare with and to the said (trustee), his executors, administrators, and assigns, and also with and to the said (purchaser), his heirs and assigns, in the manner following, (that is to say,) that he the said (termor) hath not at any time or times heretofore, made, done, executed, committed, or knowingly omitted or suffered, nor been party or privy to any act, deed, matter, or thing whatsoever, whereby, or by reason or mcans whereof the messuages, lands, tenements, hereditaments, and premises hereby assigned, or intended so to be, or any part or parcel thereof, or any estate or interest therein, are, is, can, shall, or may be in anywise impeached, charged, encumbered, or prejudicially affected [in title, estate, or otherwise howsoever, or whereby the said in part recited indenture of demise, or any assignment thereof, or the said term of years, or any part or residue thereof has been, or is, or can, shall, or may be surrendered, merged, extinguished, forfeited, or in any other manner become void or voidable]. IN WITNESS, &c. No. CLIII. An Assignment of several outstanding satisfied [Mortgage or other] Variations where they are all assigned to one Trustee. Where THIS INDENTURE of parts, made the day of in the year of the reign, &c. and in the year of our Lord 18 ASSIGNMENTS. Several terms to attend (purchaser). (1) It being now holden, as has been before observed (see ante, p. 542 in notes) that terms for years will merge in each other, a difficulty sometimes arises in respect of outstanding terms resident in several trustees. For if all the terms be taken to one trustee, those which have the shorter will merge in that which has the longer residue to come; and if they be assigned to different trustees, much inconvenience may arise in procuring assignments of them at a future period. There are two expedients adopted to avoid these objections: the one is to assign to a trustee the longest term, and to grant underleases of the other terms to the same trustee for periods equal to the whole residue, except one day, or (which is the same thing) to assign the whole of the terms, with the exception of one day as to the shorter ones, in which case the reversionary period of a day subsisting in the original termors will prevent the terms from merging in each other. But in these cases care must be taken that the demised or shorter terms be expressly declared to be attendant upon the inheritance, as they might otherwise be considered as independent or insulated estates; see Scott v. Fenhoulett, 1 Brow. Ch. Ca. 69. As this mode, however, of carving out underleases from the original terms necessarily leaves a small portion of the legal estate still outstanding in the former trustees, and is therefore an incomplete transfer to the new trustees, it is sometimes made the subject of objection by an unwilling purchaser, although it is scarcely possible to conceive any detriment which can result from it. But the objection may be obviated by having two trustees, and assigning to each of them two or more of the terms in alternate succession; i. e. the first term to one of them, the second to the other, the third to the first, and so on, by which means they will be kept separate from, and therefore prevented from merging into each other, and being transmissions of the whole estate from the original termors, are not liable to the objections which might be made to the other mode. Modes of assignment of several terms, to prevent their merging in each other. ASSIGNMENTS. Several terms to attend (purchaser). ment of terms. BETWEEN (the first termor) of, &c. of the first part, (the second termor) of, &c. of the second part (1), (the vendor) of, &c. of the third part, (the purchaser) of, &c. of the fourth part, (the first trustee) (2) of, &c., a trustee named and appointed by and on the part of the said (purchaser) for the purposes hereinafter mentioned, of the fifth part, and (the second trustee) of, &c. a trustee also named and appointed by and on the part of the said (purchaser) for the purposes hereinafter mentioned, of the sixth part. WHEREAS, Recital of agree- &c. (3) AND WHEREAS, &c. (4) AND WHEREAS on the treaty for ment for assign- the said purchase it was agreed, that the then residue of the said several terms of years of and in the said lands and hereditaments (5) should be assigned to or for the benefit of the said (purchaser) in such manner as he should direct. AND WHEREAS the said (purchaser) hath requested that the same several terms may be assigned to the said (trustees) respectively, in the manner hereinafter exWITNESS. pressed. Now THIS INDENTURE WITNESSETH, that in pursuance and performance of the hereinbefore mentioned agreement [* and in consideration of the sum of 10s. of lawful money of the United Kingdom of Great Britain and Ireland, to the said (first termor) in hand well and truly paid by the said (first trustee) at the time of the sealing and delivery of these presents, the receipt the first termor whereof is hereby acknowledged], HE the said (first termor), assigns at the request and by the direction of the said (vendor), and at the nomination of the said (purchaser), testified by their severally being parties to these presents HATH bargained, sold, That in consideration, &c. Two or more terms. Underleases. Recitals. Contract for purchase. Inheritance of mortgagee. Part of premises sold. Brevity. (1) If there be more than two outstanding terms, make the several termors parties of the third, fourth and fifth parts, &c. the vendor of the next, and the trustees (whose number need not in any case exceed two) of the last part. (2) If, instead of assigning the several terms to the two trustees alternately, as in the form adopted above, the other mode of creating underleases be preferred, one trustee only will be necessary. (3) Recite here the deeds creating the several terms, and also those assigning them to the different trustees: the form of these recitals will be found, ante, No. CLIII. p. 542, et seq. (4) Recite here the contract for the purchase of the inheritance, and the conveyance of it to the purchaser in the usual mode. If the terms be assigned to attend the inheritance of a mortgagee, recite the mortgage as ante, p. 545. (5) If part only of the premises comprised in the term be sold to the present purchaser, see ante, p. 545. n. (3). The parts of the precedent within brackets may be omitted, if brevity be particularly desired. |