Parties.

Recital of title;

-agreement for partition;

Between A., of, &c., of the first part, B., of, &c., of the second part, and C., of, &c., of the third part;

WHEREAS the said A. and B. are seised of or entitled to the lands and hereditaments mentioned in the first and second schedules hereto as joint tenants (b) in fee simple;

AND WHEREAS the said A. and B. are desirous of making a partition of the said lands and hereditaments, and have agreed that the hereditaments comprised in the first schedule hereto shall be taken by and appropriated to the said A. in severalty in lieu of his undivided share of the entirety of the said lands and hereditaments mentioned in the said first and second schedules, and that the hereditaments contained in the and as

(a) As to joint tenancy and tenancy in common, to partition, see Edwards, 127, 133; Goodeve, 251, 258; Wms. 134.

(b) Or (as the case may be, for example)—" as tenants in common in equal shares;" or "as tenants in common in the shares and proportions following, namely, the said A. is entitled to one equal third share thereof and the said B. to the remaining two third shares thereof."

second schedule hereto shall be taken by and appropriated to the said B. in severalty in lieu of his undivided share of such entirety as aforesaid; and further, that the sum of £150 shall be paid by the said A. to the said B. for equality of partition;

AND WHEREAS the said sum of £150 has been paid by the said A. to the said B. before the execution of these presents, as the said B. doth hereby acknowledge;

AND WHEREAS the said A. and B. are desirous that the hereditaments so to be allotted to them respectively shall be conveyed and assured in manner hereinafter appearing;

-payequality of par

ment for

tition;

-as to

convey

ances.

nesseth.

NOW THIS INDENTURE WITNESSETH that, for Witeffectuating the said partition, and in consideration of the premises, the said A. and B. jointly, AS BENEFICIAL OWNERS, do (a) hereby grant unto Grant the said C.,

ALL THOSE the lands, hereditaments, and premises, mentioned in the first and second schedules hereto,

(a) If A. and B. are tenants in common or co-parceners say

"each of them conveying as BENEFICIAL OWNER of the respective share or shares, estate and interest in the hereditaments hereby assured to which he is entitled as hereinbefore appears, and all other (if any) his share, estate, or interest therein, do and each of them doth.”

As to entirety of part.

As to entirety of other part.

TO HOLD the same UNTO the said C. and his heirs TO THE USES following (that is to say),

As To the entirety of the said lands, hereditaments, and premises comprised in the first schedule hereto, TO THE USE OF the said A., his heirs and assigns for ever, to be henceforth held by him and them in severalty;

AND AS TO the entirety of the said lands, hereditaments, and premises comprised in the second schedule hereto, TO THE USE OF the said B., his heirs and assigns for ever, to be henceforth held by him and them in severalty.

IN WITNESS, &c. (a),

THE FIRST SCHEDULE ABOVE REFERRED TO.

THE SECOND SCHEDULE ABOVE REFERRED TO.

(a) If A. and B. are joint tenants, it will be proper to add a proviso restricting their liability under the covenants for title implied under the Conv. Act, 1881, s. 7, by virtue of their conveying "as Beneficial Owners; " for the form of such a proviso, see Davidson, Concise Precedents (18th ed.), p. 136, note.

Some documents relating to the common title will usually be retained by one of the parties and he will give to the other an acknowledgment and undertaking (see above, p. 6), in respect of such documents. Each party will also, as to documents relating to his own undivided share, give an acknowledgment and undertaking to the other.

The deed of partition will be executed in duplicate.

XXII.

EXCHANGE (a).

THIS INDENTURE, made, &c.

BETWEEN A. B., of, &c., of the one part, and Parties. C. D., of, &c., of the other part;

estates

WHEREAS the said A. B. is seised of the here- Recital of ditaments comprised in the first schedule hereto in the in fee simple in possession, free from incum- property. brances; and the said C. D. is seised of the hereditaments comprised in the second schedule hereto in fee simple in possession, free from incumbrances.

ment for

AND WHEREAS the said A. B. and C. D. have of agreeagreed to make an exchange in manner herein- exchange. after appearing of the said hereditaments comprised in the said first and second schedules

hereto respectively;

nesseth.

NOW THIS INDENTURE WITNESSETH, that, in Witpursuance of the said agreement, and in consideration of the conveyance hereinafter contained by the said C. D., HE the said A. B. as BENEFICIAL OWNER, doth hereby grant unto the said C. D.,

Conveyance by one party.

ALL THOSE the messuage, lands, and heredita- Parcels. ments, situate in the parish of X., in the county

(a) As to Exchanges, see Edwards, 313.

of Y., specified in the said first schedule hereto and delineated in the map in the margin of these presents, and therein coloured

TO HOLD the said premises UNTO AND TO THE USE OF the said C. D. and his heirs, IN EXCHANGE for the said hereditaments hereinafter conveyed in exchange by the said C. D.

AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement, and in consideration of the conveyance by the said A. B. hereinbefore contained, HE, the said C. D. AS BENEFICIAL OWNER, doth hereby grant unto the said A. B.

ALL THOSE the messuage, lands, and hereditaments situate in the parish of X. aforesaid, specified in the said second schedule hereto, and delineated in the map in the margin of these presents, and therein coloured,

TO HOLD the said premises UNTO AND TO THE
USE of the said A. B., his heirs and assigns, IN
EXCHANGE for the said hereditaments, herein-
before conveyed in exchange by the said A. B.
IN WITNESS, &c.

THE FIRST SCHEDULE ABOVE REFERRED TO.

THE SECOND SCHEDULE ABOVE REFERRED TO.