FREEHOLDS AND COPYHOLDS. of the co-heirs and of an ex change; ment for the partition; fourth share, C. D. and E. F. being the trustees, having the whole legal estate, and being donees of the power of partition which is recited at full length—similar recital of the settlement on the marriage of Q. D. of her fourth share, L. M. and N. P. being the trustees, having the whole legal estate, and being donees of the power of partition, which is also recited at full length—recitals of agreement for an act of Parliament, and an act of Parliament whereby some of the lands descended upon the co-heirs were given in exchange, and others taken in lieu thereof (a)]: AND WHEREAS of the agree the said A. B., and the said C. D. and E. F., as such trustees as aforesaid, at the request and by the direction of the said G. H. and J. H., testified by this writing under their hands and seals (b), and the said H. B., and the said L. M. and N. P., as such trustees as aforesaid, at the request and by the direction of the said C. D. and Q. D., testified by this writing under their hands and seals, have agreed respectively to make a partition and division in manner hereinafter mentioned, of all the said lands and hereditaments which descended to the said A. B., J. H., H. B., and Q. D., either as co-heirs at law or as co-heirs, by the custom of the said J. B. their late father, as hereinbefore is mentioned, (except the said hereditaments comprised in the said second schedule to the said act of Parliament, and thereby given in exchange as therein mentioned), and also of all the lands and hereditaments which were comprised in the said first schedule to the said act of Parliament, and thereby taken in exchange for the heredita (a) As to the manner in which the clauses and limitations of settlements are to be recited, see ante, Vol. 3, p. 222, n. (c); the recital of the agreement for the act of Parliament, and of the act, would probably in this case require to be pretty full, and, of course, the parcels given and taken in exchange would have to be specified by full description, or by the annexation to the partition deed of copies of the schedules to the act. The recitals of the powers of partition should shew the powers of the trustees to give receipts for money paid for equality of exchange. (b) As to the form in which a request should be testified, see ante, Vol. 3, p. 434, n. (a). Recital of settlements, &c., in partition deeds. FREEHOLDS AND COPYHOLDS. --and of the particulars of the partition; ments comprised in the second schedule thereto, as hereinbefore is mentioned: AND WHEREAS the particulars of all the said hereditaments so agreed to be parted as aforesaid, are comprised in the four schedules (c) to these presents, and, on the treaty for the said partition, it was agreed, that such of the said hereditaments so agreed to be parted, as are mentioned and comprised in the first schedule to these presents, should be taken in severalty by the said A. B., and that such of the hereditaments so agreed to be parted, as are mentioned and comprised in the second schedule to these presents, should be taken in severalty by the said C. D. and E. F., as such trustees as aforesaid, and that such of the hereditaments so agreed to be parted, as are mentioned and comprised in the third schedule to these presents, should be taken in severalty by the said H. B., and that such of the said hereditaments so agreed to be parted, as are mentioned and comprised in the fourth schedule to these presents, should be taken in severalty by the said L. M. and N. P., as such trustees as aforesaid: -of a sum to AND WHEREAS, on the said treaty it was also agreed, that be paid for the equality of parperson or persons taking the hereditaments comprised tition. in the said first schedule hereto, should pay the sum of £237 for equality of partition, and that the said sum of £237 should be distributed and paid in respect of the hereditaments comprised in the said second, third, and fourth schedules hereto, in the parts and in manner hereinafter mentioned, (that is to say), the sum of £57 part thereof, to be paid for equality of partition, in respect of Parcels in partition deeds. (c) This is the usual method of dealing with the parcels in partitions, inasmuch as it is by far the most convenient way, especially if the partitioners are numerous. Of course, however, the several parcels taken in severalty may be described in the body of the deed, and distinguished as those " of which the uses are firstly, secondly, &c., hereinafter described." A partition is generally preceded by a survey, for the purpose of adjusting the portions to be taken in severalty, and this survey furnishes the scheduled description. The old description (that in the instrument by which the tenancy in common was created, if it were created by an assurance) is usually given in the general conveyance of the entire estate to the releasee, which serves to connect the old with the modern description in the schedules. FREEHOLDS AND COPYHOLDS. the said hereditaments comprised in the said second schedule hereto, the sum of £27 further part thereof, to be paid for equality of partition in respect of the said hereditaments comprised in the said third schedule hereto, and the sum of £153, residue thereof, to be paid for equality of partition in respect of the said hereditaments comprised in the said fourth schedule hereto : NOW THIS INDENTURE Witnesseth. WITNESSETH, that, in pursuance of the said Consideration. agreements, and in consideration of the said sum of £57 to the said C. D. and E. F., as such trustees as aforesaid, paid by the said A. B., at or immediately before the sealing and delivery of these presents, (the receipt and payment of Receipt. which sum of £57, they the said C. D. and E. F., and also the said G. H. and J. H., do hereby acknowledge, and of and from the same and every part thereof, do, and each of them doth, acquit, release, and discharge the said A. B., her heirs, executors, administrators, and assigns, for ever by these presents), and pursuant to, and by force and Revocation of virtue, and in exercise and execution of the power or authority, powers or authorities, to them for this purpose declared of respectively given in and by the said indenture of the day of -, [the first settlement], and the said act of Parliament by reference thereto, as hereinbefore is mentioned, and of every or any other power or authority in anywise enabling them in this behalf, they the said C. D. and E. F., at the request and by the direction of the said G. H. and J. H., (testified by this writing, signed and sealed by them respectively), do by this deed or instrument in writing, sealed and delivered by them the said C. D. and E. F., in the presence of and attested by the two credible persons whose names are intended to be hereupon indorsed as witnesses to the sealing and delivery of these presents (d) by the said C. D. and E. F., absolutely revoke, determine, and make void all and every the uses, trusts, powers, and provisoes, which, under or by virtue of the said indenture of the day of [the first settlement], were imme (d) See ante, Vol. 3, p. 200, n. (d); p. 211, n. (e). The case of Doe v. Burdett, there cited, has been since reversed. (1 Per. & Dav. the uses by the first settlement one-fourth share. FREEHOLDS AND COPYHOLDS. Witnesseth further, ap the same share shall go to the uses afterwards declared. diately before the execution of these presents subsisting, or capable of effect, of or in the said undivided fourth part or share comprised in the said indenture of the day of, [the first settlement], of and in all the said freehold and copyhold hereditaments and premises, an undivided fourth part or share whereof was thereby released, and covenanted to be surrendered respectively as aforesaid, (except the said undivided fourth part or share comprised in the said second schedule to the said act of Parliament), and also all the uses, trusts, powers, and provisoes, which, under or by virtue of the said indenture of the day of - [the first settlement], and the said act of Parliament by reference thereto, were immediately before the sealing and delivery of these presents subsisting, or capable of taking effect, of or in the said undivided fourth part or share, by the said act of Parliament limited to the said C. D. and E. F. as such trustees as aforesaid, of and in the said hereditaments comprised in the said first schedule to the same act: AND THIS INDENTURE ALSO pointment that WITNESSETH, that, in pursuance of the aforesaid agreement, and for the considerations aforesaid, and pursuant to &c., they the said C. D. and E. F., at the request &c., do by this deed &c., limit, declare, direct, and appoint (e), that the said undivided fourth part or share, comprised in the said indenture of the day of [the first settlement], of and in all the said freehold and copyhold hereditaments and premises, an undivided fourth part or share whereof was thereby released, and covenanted to be surrendered respectively as aforesaid, (except the said hereditaments comprised in the said second schedule to the said act of Parliament), and of and in their appurtenances, and also the said undivided fourth part or share, by the said act of Parliament limited to the said C. D. and E. F. as such trustees as aforesaid, of and in the hereditaments comprised in the said first schedule to the same act of (e) If the power of revocation, and the power of appointment, are both to be exercised with the same formalities, there is no occasion for two distinct witnessing parts to effectuate the revocation and appointment. (See ante, Vol. 3, p. 230, n. (j)). of FREEHOLDS AND COPYHOLDS. Similar revocation and apto the other pointment as settled share. further, general conveyance by all parties, by lease and re lease of the freeholds. Parliament, and of and in their appurtenances, shall henceforth go, remain, and be to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter limited, expressed, and contained or referred to, of or concerning the same: AND THIS INDENTURE ALSO WITNESSETH, &c., [similar revocation (substituting £153 for £57 as the consideration) of the uses of the second settlement by L. M. and N. P., with the consent of the said C. D. and Q. D., following the forms prescribed by that settlement]: AND THIS INDENTURE ALSO WITNESSETH, &c., [appointment by L. M. and N. P., with the consent of C. D. and E. D., the fourth share comprised in the second settlement, following the forms prescribed by that settlement]: AND THIS Witnesseth INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreements, and in consideration of the premises, and in consideration of the sum of £27 to the said H. B. paid by the said A. B., at &c., [ante, Vol. 3, p. 194], the receipt &c., (Ib.), she the said A. B., so far as relates to her undivided fourth part or share of and in the said hereditaments hereinafter released, or expressed or intended so to be, hath granted, released, and confirmed, and by these presents doth grant, release, and confirm; and the said C. D. and E. F. as such trustees as aforesaid, at the request and by the direction of the said G. H. and J. H. his wife, testified as herein before is mentioned, and so far as relates to the undivided fourth part or share which became vested in them the said C. D. and E. F., as such trustees as aforesaid, of and in the said hereditaments hereinafter released, or expressed and intended so to be, have, and each of them hath, released, and by these presents do, and each of them doth, release, and the said G. H. and J. H., so far as relates to the said last-mentioned undivided fourth part or share of and in the same hereditaments, have, and each of them hath, granted, released, and confirmed, and by these presents do, and each of them doth, grant, release, and confirm (f); and the said H. B., so far as relates to her undivided fourth part or share, of and in the (f) See infra, n. (7). |