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The Pamphlet Collection of Sir Robert Stout: Volume 1

Practical Observations

page 51

Practical Observations.

It may be as well to observe, that the "Model Deed" is so constructed, as to admit of reference being made to it in the settlement of Copyhold and Leasehold, as well as of Freehold Tenures; but that, though by these means a full and efficient declaration of Trusts, &c., may be secured, by the insertion of a few words of reference, yet neither this nor any other plan can dispense with the requisites necessary to make a good legal conveyance of the property, to the Trustees; or with the strictest compliance with the statutes of Mortmain. Few Cases arise so identical in all circumstances, as to admit of a precedent for one being literally copied for another. The above precedent, therefore, though drawn in as general terms as the subject seems to admit of, will require to be adapted to the particular circumstances of each case; and the operative part varied so as to make it apply to the tenure of the estate (if other than freehold) to be conveyed. The words of reference after the Habendum will, however, in all cases, remain the same. Every Deed of reference must also be executed with the same forms of acknowledgment, attestation, &c., and must be enrolled in Chancery, as in the case of the Model-Deed; and when the conveyance is for a valuable consideration, a receipt for the purchase-money must be indorsed.