Key and Elphinstone's Compendium of Precedents in Conveyancing, Volume 2

Thomas Key

Sweet and Maxwell, limited, 1890

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SETTLEMENTS REAL CLAUSEScontinued PAGE LIV Power to lay out property for building 625	lv

WILLS	lxv

PAGE I Agreement for loan by one	1

The same by several on joint account	3

Title of mortgagor to policy or policies effected in name of mort gagee	4

Conditional surrender of copyholds	5

State of mortgage debt	6

Agreement for transfer and further advance	7

Ultimate limitation to right heirs	588

Shifting clause carrying over the estate on succession to another estate With variations	590

Trusts of term to secure rentcharge Variations for several rentcharges	592

SETTLEMENTS REAL CLAUSEScontinued PAGE	593

Power to subsequent tenants for life to charge portions Varia	606

grant in fee at a chief rent	626

Power to enter into contracts for leases c	627

Power to accept leases of easements	628

General agreement to enter into covenants	8

1 To pay principal	9

To pay interest after default	10

To pay interest on present and future advances	11

To retransfer stock and in the meantime to pay sums equal to dividends	12

To pay principal on demand and interest in the meantime Varia tion where interest varies with Bank rate	13

By a firm Variation for present and future advances	14

By surety to pay interest on default of mortgagor	15

For transfer of mortgage of freeholds Variations where new equity of redemption is created	16

For reconveyance	17

Leaseholds or personalty	18

Copyholds mortgaged with freeholds leaseholds or personalty	19

Where principal is to be paid on demand	20

Freeholds mortgaged by firm	21

Short Form for any kind of property	28

MORTGAGEScontinued PAGE	32

MORTGAGEScontinued PAGE XIV Proviso as to primary liability between principal and surety where the mortgaged property belongs to the surety	37

The same where the mortgaged property belongs to the principal and the surety covenants for payment	38

Receipt clause in mortgage of policy	39

Trusts of moneys received in respect of policy	40

Covenant to keep up life policy	41

The same Short form	42

Covenant by mortgagor to insure against fire and power to mortgagee to insure on default	44

Power of leasing for twentyone years to be exercised by mort gagor till mortgagee enters into possession and afterwards by mortgagee 47	44

lause restrictive of statutory powers of leasing	48

Attornment by mortgagor in possession	52

Power of distress for interest	54

Appointment of receiver A short form with reference to the statute	59

Addition to express or statutory powers of sale c in mortgage of an undivided share	60

Mortgagees indemnity clause	61

Provisoes as to changes in firm	62

Acknowledgment of right to production and undertaking for safe custody by a mortgagor who retains the deeds	63

Clause as to devolution of powers in mortgage to several on a joint account	64

Covenant against Incumbrances by one for Freeholds or Copyholds	69

SETTLEMENTS REALcontinued PAGE	71

Mortgage of Copyholds by one Mortgagor to One Mortgagee	76

Deed of Statutory Mortgage under the 26th section of	83

MORTGAGES PRECEDENTSContinued PAGE	91

Mortgage of Settled Freeholds by the Tenant for Life	101

Mortgage of a Life Interest in Personalty and of Policies	108

WILLS CLAUSESContinued PAGE	111

Mortgage by a Husband and Wife of the Wifes Rever	117

MORTGAGES PRECEDENTScontinued PAGE	121

Mortgage of Freeholds to a Building Society incorporated	127

MORTGAGES PRECEDENTScontinued PAGE	163

Mortgage of Freight and Earnings of and Policies of	182

SubMortgage of Freeholds and Leaseholds by way	189

MORTGAGES PRECEDENTScontinued PAGE	200

Deed of Further Charge by Endorsement on a Mortgage	213

Mortgagee 196	226

Transfer of Mortgage of Freeholds by Trustees of Building	234

Consolidation Deed Short Form where the Original Mort	240

MORTGAGES PRECEDENTScontinued PAGE	244

Reconveyance by Mortgagee of Personalty	256

MORTGAGES PRECEDENTScontinued PAGE	261

NOTICES	268

Notice by lessor to lessee to repair preparatory to a reentry	274

NOTICEScontinued PAGK	275

Agreement for Partition of Freeholds to be made by Two Arbitrators	285

Deed of Partition of Freeholds Copyholds and Leaseholds	291

PAGE 1 Duration and style of partnership for two partners	301

Power to determine partnership as to one partner	302

One partner to be credited with value of stockintrade c	303

Provision for house of business and office furniture remaining property of one partner subject to the user thereof by the firm at a rent	304

Interest on capital	305

Provision for setting aside reserve fund	306

Option to one partner to purchase a further share of the business	307

Surplus profits above authorised drawings to be capitalized	308

One partner to be manager at a salary	309

Hiring clerks c	310

Not to assign share	311

Ordinary provision for winding up on dissolution	312

Dissolution the partners to have option in succession to succeed to the whole business	313

Provision for death or retirement of partner where his capital is to be paid out to him or his representatives	314

Proviso for event of annual account preceding death c of a partner not having been taken	316

Provision for death or retirement of partner where his capital is to remain as a loan during the partnership term	317

Option to surviving partners to retain share of deceased partner in business his representatives being sleeping partners	318

Power for representatives of deceased partner to continue as sleeping partners	319

Power to surviving or continuing partners to purchase lease of business on death or retirement of one partner	320

Allowance for goodwill	321

Agreement for the Sale by a Retiring Partner with the Con	336

Deed of Dissolution on Death of One of Three Partners where part	344

Deed of Covenant by Continuing Partners to secure the Capital	350

PATENTS continued PAGE XX Patentee to communicate further improvements to licensee or assignee	359

Provisions as to infringements	360

Licensee not to assign or grant sublicences	361

Power to patentee to determine licence if not worked	362

Reservation to patentee of right to grant other licences	363

Covenant by patentee not to apply for amendment	364

Assignment of Letters Patent	365

Agreement for Sale of Patent	368

Agreement for Sale of Patent Rights where the Patent has been applied for but not yet granted	371

Licence to use Letters Patent with Variations for an Exclusive or Restricted Licence and for the Licensees being Partners or a Company	374

Licence not exclusive by Deed Poll to use a Patent in considera tion of a Sum paid down A short form	376

PAGE	382

Release and general Covenant of Indemnity to Trustees of settle	402

Release by Residuary Legatees to Executors and Trustees of	408

RELEASEScontinued PAGE	415

Release by Creditors to Debtor under Composition effected with	421

Russel	424

SETTLEMENTS PERSONAL	433

SETTLEMENTS PERSONAL RECITALScontinued PAGE x Transfer of bonds to bearer or other property passing by delivery	438

The same where assignment effected by separate deed	439

Conveyance in trust for sale of freeholds to trustees Variations for leaseholds and copyholds	440

Agreement as to settlement of wifes afteracquired property	441

Express covenant for further assurance of personalty by husband Variation where wife joins	445

Investments Restricted range	446

Investments Fair range	448

Investments Extensive range	449

The same short form	450

Power to deposit deeds c for safe custody	451

First life interest to wife without anticipation	452

The same during joint lives	454

Trust to pay annuity to wife during joint lives without anticipation and residue of income to husband	455

Life interest in remainder to husband determinable on bank ruptcy c	456

SETTLEMENTS PERSONAL CLAUSEScontinued PAGE XXIV The same Short form	457

Trust of income after bankuptcy c of husband during his life where there is no discretionary trust for his benefit	458

Power to trustees to pay income to wifes bankers	459

Power of appointment among children Variations where power extends to remoter issue	460

The same short form	461

Usual trust for children in default of appointment	462

Hotchpot clause	463

Advancement clause	464

Maintenance clause	466

Accumulation clause	467

The same of wifes property	468

General direction that interests of wife are without power of anticipation	470

Covenant to keep up policy	471

Option of applying bonuses in diminution of premiums	472

Proviso in case of policy lapsing when husbands life is not insurable	473

Covenant by husband or by father of husband or wife for payment of a gross sum to the trustees with interest in the meantime	474

Covenant for payment of a sum to trustees on death of covenantor	475

Covenant by wifes father to secure to her an equal share of his estate on his death	476

Covenant for payment of annuity to trustees with variations	478

SETTLEMENTS PERSONAL CLAUSEScontinued PAGE LV Declaration of trust of annuity	480

Trust for sale of real estate Variations for leaseholds	481

Power to sell for fee farm rent	483

The same where the conveyance and settlement are effected by two deeds to be inserted in the conveyance	484

The same Short form	486

Power to tenant for life c to grant leases of unsold land	487

Addition to powers of sale and leasing where a reversionary interest is settled	488

Power of partition	489

Clause giving powers of leasing c by reference to Settled Land Act 1882 and extending powers of Act	490

Provision as to mansionhouse and notices under the Settled Land Acts	491

Power to purchase a house Short form Variations for furnishing	493

Agreement for settlement of wifes other and afteracquired property	494

Power to survivor of husband and wife to settle a moiety of his or her property on a future marriage Variations where the amount to be settled depen...	499

Power to wife to appoint part of trust funds on a second marriage	501

General power to wife to withdraw part of funds from settle ment if no child or only one	502

Power to a woman to appoint life interest to surviving husband	503

Provision for raising costs of settlement c	504

Power for trustees to settle questions c	505

Assignment to Trustees of Marriage Settlement of even date	519

SETTLEMENTS PERSONAL PRECEDENTScontinued PAGE	526

holds is Reversionary	535

SETTLEMENTS PERSONAL PRECEDENTScontinued PAGE	545

Deed of Confirmation by the Wife on Attaining TwentyOne	551

Deed of Covenant securing Annuity to a Past Mistress	559

Limitation to joint appointment of father and son	575

Limitation of a life estate	576

Limitation of life estate to married woman without anticipation	577

Discretionary trust for application of income after bankruptcy c of tenant for life for the benefit of him and his family	578

Trust of income after bankruptcy c of tenant for life when there is no discretionary trust in his favour	580

Limitation of legal rentcharge to son during joint lives of himself and father	581

Limitation of legal rentcharge to wife without anticipation	582

Limitation of jointure rentcharge to wife Variation where the rentcharge is to be increased after the death of the husbands father	583

Power of distress to secure rentcharge Variations for several rentcharges	584

Clause giving powers for recovery of rentcharge by reference to statute	585

The same Short form	586

Limitation to children as tenants in common in fee with accruer on death under twentyone c	587

Commencement of powers of sale and exchange enfranchise ment partition c in an ordinary strict settlement on marriage	629

The same where there are various limitations for life and in tail	631

Power to sell or exchange	632

Special power as to building land	633

Power to grant easements	634

Power to sell c subject to conditions	635

Power in settlement of an undivided share to concur with co owners in selling c	637

Provision as to exercise of powers of sale c where there is a limitation to tenants in common in tail or in fee	638

Trusts of sale monies c	639

Provision for the settlement of hereditaments purchased c	640

Clause giving express powers of leasing sale c by reference to Settled Land Act Addition where larger powers are given	641

Declaration that express powers are to operate independently of Settled Land Act	642

The same Another form	643

Power to grant leases for long terms and reversionary leases and to give an option of purchase and to grant agricultural leases on customary conditions	644

As to fines on renewal of leases	645

Power to sell under Settled Land Act for fee farm rents	646

Extension of powers of Settled Land Act as to exchanges	648

Extension of provisions of Settled Land Act as to improve ments	649

Power to tenant for life to charge inheritance with expenses of improvements	650

Power to lend capital money to tenants for life for cultivating	651

Provision as to title of Settled Land Acts	652

Assignment of leaseholds for years or lives upon trusts corres ponding with uses of freeholds	653

Trusts of mining plant	654

Trusts of chattels as heirlooms by reference to limitations of real estate	655

The same in personalty settlement	656

K E VOL II C	657

Proviso that powers of former settlement shall overreach uses of resettlement Variations where additional property is settled	658

Appointment of trustees under Settled Land Act	659

Power to appoint new trustees in strict settlement of realty Variations where there are several sets of trustees	660

Provisions for indemnity and reimbursement of trustees	661

Strict Settlement on marriage of Freeholds Copyholds and Lease	662

Settlement of Freeholds in Compliance with a Condition in	681

PAGE 1 Commencement	685

Direction as to burial	686

Mortgage debt	687

Declaration that sums advanced by testator were gifts or have been forgiven	688

Horses c	689

The same Short form	690

Furniture c to married woman excluding her husband and her power of alienation during coverture	691

WILLS CLAUSEScontinued PAGE XXVI Furniture c in trust for children to be divided among them on their all attaining twentyone or marrying	692

Provision for indemnity of trustees of settled furniture	693

Bequests of Leaseholds c	694

Bequest of leasehold house with furniture	695

Bequest without trustees of leasehold groundrent for life	696

Bequest of leasehold farm with farming stock c	697

Bequest of share in partnership to a son under a power in the articles of partnership	698

Power to continue business forming part of residuary estate alone or in partnership Full form	699

The same Short form	701

Power to leave capital in business on loan A full form	702

Power or direction to executors to exercise option of becoming sleeping partners	704

Power to executors to reserve right of introducing testators younger son or sons on attaining twentyone into business	705

The same Several	706

Legacy to a person or to his children by substitution	707

Legacy to female with a restraint on anticipation during coverture	708

Legacy to child at twentyone with interim maintenance	709

Power to pay infants legacies to parent or guardian	710

Legacy to godchildren	711

Legacy to a charity	712

Direction that assets shall be marshalled in favour of charities	713

Legacy to illegitimate child	714

General direction that legacies are to be free of duty	715

Power to postpone raising of trust legacies	716

I Bequest of annuity	717

General declaration that annuities to females shall be for separate use c	718

The same in the case of a woman Short form	719

Power to raise and pay annual sums for benefit of a spendthrift	720

Bequest of annuityto increase in certain eventin trust for spendthrift	721

Power or direction to appropriate fund to answer annuities	722

Direction to purchase an annuity Variation where it is to be alienable	723

Power to continue allowances paid by testator	724

Specific devise and bequest of real and leasehold estates in certain counties c	725

Proviso that devise to a class of children shall include child dying before testator leaving issue	726

Devise to infant with gift over on death under age without issue	727

Devise to uses in favour of illegitimate child so as to prevent escheat	728

Devise subject to legacies or annuities	729

Declaration that specifically devised estates shall be taken subject to charges	730

Bequest of rents due to testator at his death	731

1 Personalty to beneficiary	732

Realty and personalty to beneficiary	733

Realty and leaseholds to trustees	734

Devise and bequest to executors absolutely to carry out arrange ments dehors will	735

Details of trust for sale	736

Power to trustees to sell real and leasehold estate Variations where the power extends to personal estate	737

Power to allot specific property in satisfaction of legacy or share of residue	738

Power to son who is a trustee to purchase real or personal estate	739

Power to raise money on mortgage	740

Power to postpone conversion of real and personal estate	741

Provision for reserving part of rents of leaseholds as depreciation fund	742

Trust for investment of residue or legacy	743

Direction for investment of a legacy or share given to an infant or settled	744

Power to lend trust funds to son for business purposes	745

1 Life interest in personalty Variations for realty or a mixed fund of realty and personalty	746

Life interest in remainder	747

Discretionary trust for application of income after forfeiture for benefit of life tenant and his family c	748

The same Short form	749

Proviso determining all tenancies for life on bankruptcy c	750

Tenancy in common to several for life with trust of capital for last survivor	751

Trust for children or issue of tenant for life as he shall appoint Variations where the power is given to two tenants for life and the survivor	752

Clause directing sums taken under marriage settlement to	764

WILLS CLAUSEScontinued PAGE XXIX Advances made to children by testator in his lifetime to be brought into hotchpot	765

I Commencement of trusts of daughters or childrens share	766

The same Another form	767

Life interest to child whether son or daughter	768

Hotchpot clause	769

Trust in default of appointment for daughters next of kin excluding a surviving husband	770

Trusts of daughters share of residue declared by reference to a share already settled	771

Trusts of share of daughter dying in testators lifetime leaving issue	772

Trusts of a legacy to a daughter or son by reference with varia tions	773

Trust for spendthrift	774

Trust for imbecile or lunatic child	775

1 Trust for brothers and sisters of testator living at his death and children of those dead	776

1v General form of commencement of ultimate trust	777

Maintenance and accumulation clause for children of subsequent	788

WILLS CLAUSEScontinued PAGE xv The same as to residuary real and personal estate Short form	789

The same for real or leasehold property devised to children as tenants in common with variations as above	790

Power of advancement for real or leasehold property Variations for a mixed fund and other circumstances	791

The same Power to purchase furniture and to permit testators sister to reside with infants	792

1 Power to manage real and leasehold estate until sale Full form	793

The same Short form	794

Power of partition over realty and personalty	796

The same for specifically devised estate	797

Power to invest in the purchase of land	798

Power to purchase a house for residence of wife	799

Power to trustees to sell house and furniture bequeathed to wife for life	800

Power to lay out for building c Short form	801

Power to purchase annuity for tenant for life	802

Power to carry on farms	803

I General power of appointment	804

Limitation of a life estate	805

Life estate to be without impeachment of waste	806

WILLS CLAUSEScontinued PAGE	807

Power to jointure	818

WILLS CLAUSEScontinued PAGE XXXIX The same where there are various limitations for life and in tail or fee	819

Commencement of powers of sale and exchange enfranchise ment partition c	820

given	821

Provision as to sale of land subject to a terminable rent charge	822

Devise of copyholds on trusts corresponding with uses of free holds	825

Bequest of leaseholds on trusts corresponding with uses of free holds	826

Clause as to residence	827

1 Condition not to oppose probate	828

Trust for indemnifying trustees of testators marriage settlement in respect of breaches of trust	829

Precatory trust	830

As to mining rents under Settled Land Act	831

1 Appointment of trustees under Settled Land Act	832

Power to appoint special trustees of particular property	833

Clause supplemental to statutory power of appointing new trus tees with variations	834

WILLS CLAUSEScontinued PAGE VIII Provision for keeping up number of trustees	835

Power to appoint agents to get in or manage property abroad c	836

Clause for indemnity and reimbursement of trustees Variations for several sets of trustees and other circumstances	837

Power to executors and trustees to employ agents	838

Power to trustees to act although personally interested	839

Appointment of Executors c	840

Appointment of legatee special executor as to property bequeathed to him	841

Appointment of guardians	842

Attestation of will or codicil	843

Will disposing of Real and Personal estate in trust for Conver	846

WILLS PRECEDENTScontinued PAGE	850

Nominatim and the Shares being Settled on the donees	861

K E VOL II d	865

Will of a Trader giving Business to Eldest Son Charged with	867

WILLS PRECEDENTScontinued PAGE	872

Concurrent Will disposing of Real Estate in a Foreign	883

Will of a Married Woman Under a Power in her Marriage	891

Will devising Freeholds Copyholds Leaseholds and Heir	897

WILLS PRECEDENTScontinued PAGE	900

Codicil Substituting the Children of a Son who has Died	911

Property Unconverted	917

Deed under the 18th Section of the Conveyancing Act 1881	923

Demise of Rights for Water Supply of a Local Government	931

Common terms and phrases

Popular passages

Page 274 - ... specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money for the breach, and the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the lessor, for the breach.‎

Appears in 213 books from 1866-2006

Page 568 - ... deed, and, as so varied or extended, shall, as far as may be, operate in the like manner and with all the like incidents, effects, and consequences, as if such variations or extensions were contained in this Act.‎

Appears in 92 books from 1877-2006

Page 154 - OD, his executors, administrators, and assigns, all and singular the several chattels and things specifically described in the schedule hereto annexed, by way of security for the payment of the sum of £ , and interest thereon at the rate of per cent, per annum [or whatever else may be the rate.].‎

Appears in 75 books from 1835-1997

Page 619 - In any such building lease a peppercorn rent, or a nominal or other rent less than the rent ultimately payable, may be made payable for the first five years, or any less part of the term.‎

Appears in 87 books from 1877-2006

Page 154 - Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said CD for any cause other than those specified in section seven of the Bills of Sale Act (1878) Amendment Act, 1882. In witness, &c. Signed and sealed by the said AB in the presence of me EF [add witness' name, address, and description"].‎

Appears in 95 books from 1882-1997

Page 43 - Without prejudice to any obligation to the contrary imposed by law, or by special contract, a mortgagee may require that all money received on an insurance be applied in or towards discharge of the money due under his mortgage.‎

Appears in 68 books from 1877-2006

Page 616 - A counterpart of every lease shall be executed by the lessee and delivered to the tenant for life ; of which execution and delivery the execution of the lease by the tenant for life shall be sufficient evidence.‎

Appears in 73 books from 1882-1986

Page 465 - ... years, or on the occurrence of any event before his attaining that age, the trustees may, at their sole discretion, pay to the infant's parent or guardian, if any," or otherwise apply for or towards the infant's maintenance, education, or benefit, the income of that property, or any part thereof, whether there is any other fund applicable to the same purpose, or any person bound by law to provide for the infant's maintenance or education, or not.‎

Appears in 97 books from 1877-1961

Page 465 - ... for the benefit of the person who ultimately becomes entitled to the property from which the same arise ; but so that the trustees may at any time, if they think fit, apply those accumulations, or any part thereof, as if the same were income arising in the then current year.‎

Appears in 80 books from 1877-1986

Page 509 - ... or if there is no such person or no such person able and willing to act, then the surviving or continuing trustees or trustee for the time being, or the personal representatives of the last surviving or continuing trustee...‎

Appears in 156 books from 1861-2007

Bibliographic information

Title	Key and Elphinstone's Compendium of Precedents in Conveyancing, Volume 2 Key and Elphinstone's Compendium of Precedents in Conveyancing, Alfred Hull Dennis
Author	Thomas Key
Edition	3
Publisher	Sweet and Maxwell, limited, 1890

Export Citation	BiBTeX EndNote RefMan

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