ments now or at any time heretofore used or enjoyed therewith; TO HOLD the premises unto the said [grantee to uses] and his heirs, Easements. As To the messuages, lands, and hereditaments described in the Habendum. said First Schedule, TO THE USE of the said [A. B.], his heirs and assigns, to be henceforth held by him and them in severalty; AND AS TO the messuages, lands, and hereditaments described in the said Second Schedule, To THE USE of the said [C. D.], his heirs and assigns, to be henceforth held by him and them in severalty.1 AND THIS INDENTURE ALSO WITNESSETH, that in purand under- suance of the said agreement in this behalf, and in consideration of the premises, the said [A. B.] hereby acknowledges the right of the said [C. D.] to the production of the several deeds and documents of title mentioned in the Third Schedule hereunder written, and to delivery of copies thereof, and undertakes for the safe custody thereof. Acknowledgment taking as to deeds. Covenants for title; convey; IN WITNESS, &c. THE FIRST SCHEDULE ABOVE REFERRED TO. 1 If by reason of the property being situate in some part of His Majesty's dominions to which the provisions of the Conveyancing and Law of Property Act, or of any similar Act, do not extend, or if, for any other reason, it is desired to insert express covenants for title in the deed, the words " as beneficial owner" will be omitted from the operative part of the deed, and the following form of covenants may be here inserted :"And the said [A. B.], so far as respects only the one undivided moiety, of which he claims to be seised, as is herein before recited, of the premises hereby expressed to be conveyed, the said [A. B.], and of his ancestors and testators respectively, and those claiming under them respectively; and the said [C. D.], so far as respects only the other undivided moiety of the said premises, and so far as respects the acts, deeds, and defaults of him the said [C. D.], and of his ancestors and testators respectively, and those claiming under them respectively, for themselves, the said for right to [A. B.] and [C. D.] respectively, hereby covenant with the said [grantee], that, notwithstanding any thing done, omitted, or knowingly permitted by the said [A. B.] and [C. D.] respectively, or by any of their ancestors or testators, the said [A. B.] and [C. D.] have power to grant and convey all the premises hereby expressed to be conveyed to the uses and in manner for quiet aforesaid; AND THAT the same premises shall at all times hereafter remain enjoyment; to the several uses hereinbefore declared concerning the same respectively, and be quietly held and enjoyed, and the rents and profits thereof received accordingly, without any interruption or disturbance by the said [A. B.] and [C. D.] respectively, or any person or persons claiming from, through, or in trust for them respectively, or any of their ancestors or testators; AND THAT, free and discharged, or by the said [A. B.] and [C. D.] respectively, or their respective heirs, executors, or administrators, effectually indemnified from or against all estates, charges, incumbrances, claims, and demands whatsoever, made, created, or occasioned by the said [A. B.] and [C. D.] respectively, or any person or persons claiming from, through, or in trust for them, or any of their ancestors or testators respectively; AND FURTHER, that the said [A. B.] and [C. D.] respectively, and every person having or claiming through, or in trust for them respectively, or any of their ancestors or testators respectively, will, at all times hereafter, on the request and at the cost of the said [C. D.] and [A. B.] respectively, or other the person or persons for the time being seised of or interested in the premises under the uses herein before declared, execute, and do every such assurance and thing for more effectually assuring all or any of the premises hereby expressed to be conveyed to the use herein before declared, as by the said [C. D.] and [A. B. respectively, or other such person or persons as aforesaid, shall be reasonably required. free from incumbrances; and for further assurance. Parties. parties entitled in co-parcenary. ment to 19 II. DEED OF PARTITION of FREEHOLD MESSUAGES between THIS INDENTURE, made the day of day of , BETWEEN [A. B.], of, &c., of the first part; [C. B.], of, &c., of the second part; and [grantee to uses], of, &c., of the third part: Recitals of WHEREAS [D. B.], late of, &c., being at the date of his death being hereinafter mentioned seised of or entitled unto the messuages and hereditaments particularly mentioned in the First and Second Schedules hereunder written respectively, for an estate of inherit ance in fee simple in possession, free from incumbrances, died on the 19, intestate, leaving his two daughters, the said [A. B.] and [C. B.], his only issue him surviving; of agree- AND WHEREAS the said [A. B.] and [C. B.] are desirous of making a partition of the said messuages and hereditaments; and they have agreed that the messuage numbered place, and other the hereditaments particularly described in the First Schedule hereunder written, shall be taken and enjoyed by the said [A. B.] in severalty, in lieu of her undivided share of the entirety of the said messuages and hereditaments; and that the several messuages and hereditaments particularly mentioned in the Second Schedule hereunder written, shall be taken and enjoyed by the said [C. B.] in severalty, in lieu of her undivided share of the entirety of the said hereditaments, and also that the sum of £ shall be paid make partition; tention to convey; deeds. in , by the said [A. B.] to the said [C. B.] for equality of partition; But it has been agreed that the partition so made shall not include any mines or minerals in, upon, or under, but only the surface of the hereditaments and premises hereinafter described and hereby of the in- conveyed; AND WHEREAS the said [A. B.] and [C. B.] are desirous that the hereditaments so to be allotted to them respectively, should be conveyed and assured in the manner hereinafter appearing; AND - as to cus- WHEREAS the deeds and documents of title mentioned in the Third tody of Schedule hereunder written, relate not only to the said messuage and hereditaments so allotted to the said [A. B.] as aforesaid, but also to certain closes thereto adjoining and forming part of the hereditaments hereby allotted to the said [C. B.]; and it has been agreed that such deeds and documents shall be retained by the said [A. B.], and that she should enter into the acknowledgment and undertaking hereinafter contained with respect to the same. NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agreement, and in consideration of the premises, and also in consideration of the sum of £ now paid by the said [A. B.] respective to the said [C. B.] for equality of partition, the receipt of which sum the said [C. B.] hereby acknowledges, the said [A. B.] and [C. B.] hereby, so far as relates to their respective undivided moieties or other shares or interests therein respectively, hereby grant, and as beneficial owners, convey unto the said [grantee], and Parcels by his heirs, ALL THOSE the several messuages, lands, and hereditaments situate in the parishes of Testatum. Co-parceners, according to their interests convey. reference to schedules and plan. Stamp. and respectively, 1 Stamp 10s., and ad valorem as on conveyance by way of sale in respect of the equality money, if exceeding £100. of mines, &c. in the county of and particularly mentioned in the First and Second Schedules hereunder written respectively, and delineated with the abuttals in the map or plan hereunto annexed, wherein the messuage and hereditaments mentioned in the said First Schedules are enclosed with a pink line, and the several messuages and hereditaments mentioned in the said Second Schedule being situate on, or forming several separate and detached pieces or plots of ground, are enclosed with blue lines respectively; Exception TOGETHER with all ways, &c. [ut ante, p. 380], EXCEPT, nevertheless, and always reserved out of this present conveyance, all mines and minerals in, upon, or under the hereditaments and premises hereby Habendum. conveyed or any part thereof; TO HOLD the premises, except as aforesaid, unto the said [grantee] and his heirs to the uses following, that is to say: As To the said messuage and hereditaments mentioned in the said First Schedule, TO THE USE of the said [A. B.], her heirs and assigns, to be henceforth held by her and them in severalty; AND AS TO the said several messuages and hereditaments mentioned in the said Second Schedule, To THE USE of the said [C. B.], her heirs and assigns, to be henceforth held by her and Proviso that them in severalty: PROVIDED ALWAYS, and it is hereby agreed and declared that all mines and minerals in, upon, or under the hereditaments hereby conveyed, and every part thereof, shall continue to be held and enjoyed by the said [A. B.] and [C. B.], and their respective heirs and assigns, according to their undivided shares and interests therein respectively, as if this present partition and conveyance had not been made: [Acknowledgment and undertaking as to deeds, ante, p. 381]. mines, &c., shall continue to be held in common. Parties. IN WITNESS, &c. THE FIRST SCHEDULE ABOVE REFERRED TO. III. DEED OF ASSIGNMENT in the NATURE of a PARTITION by Two Tenants in Common mutually Assigning their respective Shares in Leasehold Property held under Several Leases.1 day of THIS INDENTURE,2 made the 19, BETWEEN [A. B.], of, &c., of the one part; and [C. D.], of, 1 Where a partition is to be made of leasehold property, it is effected either by procuring all the part owners to concur in assigning the entirety to a third person, upon trust to assign to the several parties their respective allotments, or each joint-owner assigns to the others his undivided share in the parts to be taken in severalty by them. The advantage of the latter mode is, that the partition is effected by a single deed, and therefore it has been adopted in the present instance. If the property is vested in a trustee, of course a separate assignment must be taken from him, It may be observed, that, if the portions of a leasehold estate allotted to several parties be comprised in one lease, an apportionment of the reserved rent would be requisite; and it would be proper to give cross-powers of distress to the respective parties; for which see next Precedent. The lease also, in such case, should be deposited with a third person for the mutual benefit of the parties, or delivered to one of them, he undertaking to produce it to the other or others. 2 As to stamp, see ante, p. 382, note (1). Recital of leases. mutual &c., of the other part: WHEREAS [recite two leases, respectively comprising the several messuages afterwards described, granted to [R. S.], also the will of [R. S.], bequeathing all his personal estate to [A. B.] and [C. D.], as tenants in common, and appointing them executors; and the death of the testator, and the grant of probate of his will, in the usual Agreement manner]; AND WHEREAS the said [A. B.] and [C. D.] have agreed assignment. that the undivided moiety of the said [A. B.], of and in the messuage and premises comprised in the first herein before-recited lease, shall be assigned to the said [C. D.]; and that, in consideration thereof, the undivided moiety of the said [C. D.], of and in the messuage and premises comprised in the second hereinbefore-recited And for pay- lease, shall be assigned to the said [A. B.]; and inasmuch as the value of the messuage to be allotted in severalty to the said [C. D.] exceeds the value of the messuage to be allotted to the said [A. B.], it has been agreed that the said [C. D.] shall pay to the said [A. B.] the sum of £ as an equivalent for such excess, so far as respects the moiety of the said [A. B.]. NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agreement, and in ment of a sum of money. Testatum. [A. B.] assigns to [C.D.] his consideration of the assignment hereinafter contained, and also in moiety in con sideration of the sum of £ premises comprised in day of for equality of partition now first lease. paid by the said [C. D.] to the said [A. B.], the receipt whereof the said [A. B.] hereby acknowledges, he, the said [A. B.] hereby assigns, and, as beneficial owner, conveys unto the said [C. D.], ALL THAT the undivided moiety of him, the said [A. B.], of and in all and singular the messuage or tenement and premises comprised in and demised by the first herein before-recited indenture of lease, dated the 19, TO HOLD the said moiety, half-part or share, or other the premises hereinbefore assigned unto the said [C. D.], his executors, administrators, and assigns, henceforth during all the residue now unexpired of the term of years, granted by the first herein before-recited lease; subject, nevertheless, to the payment of the rent, and to the performance and observance of all and singular the covenants, conditions, and agreements respectively reserved and contained by and in the same lease, on the lessee's part henceforth to be paid, observed, and performed, so far as the same relate to the undivided moiety In con- hereinbefore assigned. AND THIS INDENTURE ALSO WITassignment NESSETH that, in further pursuance of the said agreement, and contained, in consideration of the assignment herein before contained, the said [C. D.] hereby assigns, and, as beneficial owner, conveys unto the said [A. B.], ALL THAT undivided moiety of him the said [C. D.], of and in all and singular the messuage or tenement and premises in second comprised in and demised by the secondly herein before-recited Habendum, lease, dated the : TO HOLD the said moiety, half-part or share, and premises lastly hereby assigned unto the said [A. B.], his executors, administrators, and assigns, henceforth, during all the residue now unexpired of the term of ' sideration of before [C. D.] assigns to [A. B.] his moiety in premises comprised lease. rents, &c. day of years, Subject to granted by the secondly hereinbefore-recited lease, SUBJECT, nevertheless to the payment of the rent, and to the performance and observance of the several covenants and conditions reserved and by [A. B.] &c. contained by and in the secondly hereinbefore-mentioned lease, so far as the same relate to the undivided moiety or equal half-part Covenants lastly hereby assigned; AND THE said [A. B.] hereby covenants to pay rents, with the said [C. D.] that he, the said [A. B.], his executors, administrators, or assigns will henceforth from time to time duly pay the rent and perform and observe all the covenants and conditions reserved and contained by and in the first herein beforementioned lease, and henceforth, on the part of the lessee, to be paid, observed, and performed respectively; AND WILL also keep the said [C. D.], his heirs, executors, administrators, estate and effects indemnified from and against all proceedings, costs, damages, claims, and demands for or on account of non-payment, breach, non-performance, or non-observance of any such rents, covenants, or conditions; AND THE said [C. D.] hereby covenants with the said [A. B.] [similar covenant to pay rent, &c., in respect of premises comprised by [C. D.]. in "the secondly herein before - recited lease," and to indemnify [A. B.] therefrom.]1 Similar IN WITNESS, &c. Parties. IV. DEED OF ASSIGNMENT, in the NATURE of a PARTITION, made between Two late Partners, of a Dwelling-house, Shop, and Warehouses, held under One Lease; Apportionment of Rent, with Cross-Powers of Distress. THIS INDENTURE,2 made the day of 19 BETWEEN [A. B.], of the one part; and [C. D.], of the other part. WHEREAS the said [A. B.] and [C. D.] have for some time and (C. D.] past carried on the trade or business of , in partnership, that [A. B.] were partners; of leasehold and have been interested in the capital, joint-stock and profits of the said partnership in the proportions following: (that is to say), the said [A. B.] in two-thirds thereof, and the said [C. D.] in oneof purchase third thereof; AND WHEREAS [recitals of a building-lease of land to by them; original lessee for ninety-nine years, at the rent of £14, 18s., and an additional rent of £50 in case certain trades were carried on in the buildings to be erected; and of assignment of lease by lessee to [A. B.] and [C. D.], and completion by them of a dwelling-house and adjacent that lease shop and warehouses in performance of covenants in lease]; AND purchased WHEREAS the said lease was purchased by the said [A. B.] and [C. D.], and the said messuages or tenements, and other buildings, were so erected and completed by them as aforesaid, for the purposes of the said partnership business, and with and out of holds were for partnership pur poses; 1 See as to inserting express covenants for title, ante, p. 381, note (1). The express covenants for title in a partition deed relating to leaseholds would be similar to those in the case of freeholds there given, substituting the words "assign" instead of "grant," "for the term instead of "to the use," and "during the said term be quietly held, &c." for "at all times hereafter remain, &c., and be quietly held, &c.;" and omitting all reference ancestors and testators." The covenants in the present case would be by the tenants in common with each other, instead of with a grantee to to uses. VOL. X. 2 Stamp, 10s. 25 |