freeholds. that in pursuance of the said agreement and in consideration of the sum of £- now paid by the said P. to the said H. and W. his wife, The receipt whereof the said H. Grant of and W. do hereby acknowledge, She the said W. by the direction of the said H. as beneficial owner doth hereby grant, And he the said H. as beneficial owner (g) doth hereby grant unto the said P. and his heirs ALL &c. (parcels), TO HAVE AND TO HOLD the hereditaments and premises hereby granted UNTO AND TO THE USE of the said P. his heirs and assigns. IN WITNESS &c. Title of married woman. for sale. XIV. CONVEYANCE of FREEHOLDS by MARRIED WOMAN entitled for her SEPARATE USE (h). THIS INDENTURE made the day of Between W. the wife of A. of &c. of the one part (i) and P. of &c. (purchaser) of the other part, WHEREAS &c. (recite the title of W. to the property intended to be conveyed, showing that under the settlement or under the Married Women's Property Act, 1882, she is entitled for Contract her separate use), AND WHEREAS the said W. has agreed with the said P. for the sale to him of the said hereditaments in fee simple in possession free from incumbrances for the sum of £- -, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £now paid by the said P. to the said W., The receipt whereof the said W. doth hereby acknowledge, She the said W. as beneficial owner doth hereby grant unto the said P. and his heirs Grant of freeholds. 66 (g) Sect. 7, subs. 3 of the Conveyancing Act, 1881, provides for the wife conveying as beneficial owner," thereby implying covenants on her part which it was not usual for her to give before the passing of the Act. For the reasons given in the note to that subsection, p. 257, the conveyance given above has been framed under subs. 2. (h) See Married Women's Property Act, 1882, s. 1, subs. 1, p. 148. (i) If the legal estate be outstanding in trustees, they of course should join in the conveyance. ALL &c. (parcels), TO HAVE AND TO HOLD the hereditaments and premises hereby granted UNTO AND TO THE USE of the said P. his heirs and assigns. IN WITNESS &c. XV. CONVEYANCE of FREEHOLDS by two TENANTS in COMMON to a SUB-PURCHASER. THIS INDENTURE made the day of testator. Between A. of &c. of the first part K. of &c. spinster of the second part P. of &c. (purchaser) of the third part and S. of &c. (sub-purchaser) of the fourth part, WHEREAS J. S. Will of late of deceased by his last will dated &c. gave and devised all his real estate whatsoever and wheresoever unto his son the said A. and his daughter the said K. and their heirs in equal shares as tenants in common, AND WHEREAS the said J. S. died on the day of day of Death and probate. and his said will was on the duly proved by the said A. and K. the executors therein named in the Principal Registry of the Probate Division of the High Court of Justice, AND WHEREAS the said Contract A. and K. have agreed with the said P. for the sale to him for sale. in fee simple in possession free from incumbrances of the hereditaments hereinafter granted being portion of the real estate of the said J. S. deceased for the sum of £1000 to be paid in manner hereinafter appearing, but no conveyance of the said hereditaments has yet been made to the said P., AND WHEREAS the said P. has agreed with Contract the said S. for the sale to him of the same hereditaments for the sum of £1100, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreements and in consideration of the sum of £500 now paid by the said S. to the said A., The receipt whereof the said A. doth hereby acknowledge, and in consideration of the sum of £500 now paid by the said S. to the said K., The receipt whereof the said K. doth hereby acknowledge, for subsale. and in consideration of the sum of £100 now paid by the said S. to the said P., The payment and receipt in manner aforesaid of which said several sums of £500 £500 and £100 respectively the said P. doth hereby acknowledge, He the said A. as beneficial owner as to his share estate and interest of and in the hereditaments intended to be hereby granted, And she the said K. as beneficial owner as to her share estate and interest of and in the same hereditaments, do and each of them doth by the direction of the said P. hereby grant and he the said P. as beneficial owner doth hereby grant and confirm unto the said S. and his heirs ALL &c. (parcels), TO HAVE AND TO HOLD the hereditaments and premises hereby granted UNTO AND TO THE USE of the said S. his heirs and assigns. IN WITNESS &c. Agreement for partition. Money paid for equality. XVI. PARTITION of FREEHOLDS by two TENANTS in COMMON, a sum of money being paid for equality of partition. day of THIS INDENTURE made the Between M. of &c. of the first part N. of &c. of the second part and X. of &c. of the third part, WHEREAS &c. (recite the title of M. and N. to the property to be partitioned in equal moieties as tenants in common), AND WHEREAS it has been agreed between the said M. and N. that a partition shall be made of the said hereditaments in manner hereinafter appearing, and that the hereditaments comprised in the first schedule hereunder written shall be taken in severalty by the said M. and that the hereditaments comprised in the second schedule hereunder written shall be taken in severalty by the said N., and that the said N. shall pay to the said M. the sum of £——————— for equality of partition, AND WHEREAS the said N. has accordingly paid the sum of £to the said M. as he the said M. doth hereby acknowledge, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the premises They the said M. and The first schedule to the above-written Indenture. XVII. CONVEYANCE of undivided moiety of INFANT OWNER in FREEHOLDS to the owner of the other moiety, being the purchaser under orders in a PARTITION ACTION. day of THIS INDENTURE made the Between G. of &c. of the one part and P. of &c. (purchaser) of the other part, WHEREAS &c. (recite the will of J. S. or other documents under which in the events which have happened P. is entitled to one moiety and A. an infant to the other moiety of the property), AND WHEREAS the Judgment said A. is an infant, AND WHEREAS by a judgment of the tion action. in partiChancery Division of the High Court of Justice dated &c. and made by his Lordship Mr. Justice in which the said P. was plaintiff and the said A. was defendant, being an action for the partition or sale of the hereditaments devised by the hereinbefore recited will of the said J. S., the said P. requesting a sale, It was ordered that an inquiry should be made as to who were in an action Chief Clerk's the persons interested in the same hereditaments and in what shares and proportions and for what estates and interests, and whether they were parties to the action, and if it should be certified that all the persons interested were parties to the action and that the said P. was interested to the extent of one moiety or upwards of and in the same hereditaments then that the same hereditaments should be sold with the approbation of the Court, and that the money to arise on such sale should be paid into Court to the credit of the aforesaid action P. v. A. 1882. P. No. 1. to an account to be entitled, "Proceeds of Sale of the Testator's real estate," AND WHEREAS certificate. in pursuance of the aforesaid order the Chief Clerk by his certificate made in the above-mentioned action. and dated &c. certified that the plaintiff P. and the defendant A. were beneficially entitled to the hereditaments devised by the will of the said J. S. in equal moieties as tenants in common in fee simple in possession and that the said P. and A. were the only persons interested in the same hereditaments, AND WHEREAS the said hereditaments were accordingly put up for sale but no purchaser was found for the same, AND WHEREAS by an order made in the same action and dated mitting &c. It was ordered that the said P. should be at liberty to plaintiff to purchase. become the purchaser of the said hereditaments at the price of £ (m), And it was ordered that the said P. the said sum of £into Court to the credit and account aforesaid, and that thereupon he should be let into possession of the said hereditaments, and that all proper parties should execute a conveyance, AND Payment WHEREAS the said P. in accordance with the last meninto Court. tioned order paid the said sum of £ No purchaser at auction. Order per should pay into Court to Order de- the credit aforesaid, AND WHEREAS by an order made in claring infant a the same action and dated &c. after stating that it appeared that the defendant A. was an infant, It was trustee. (m) In this case the plaintiff P. had the conduct of the sale, and therefore this order was necessary. The Court will give leave to persons interested, not having the conduct of the sale, to bid, see Seton, p. 1007. |