BY TENANTS FOR LIFE AND IN TAIL OF AN ADVOWSON AND LANDS. Parcels. or half part of which they are tenants in common in tail as aforesaid, and with the consent (so far as such consent is necessary) of the said D. E., (testified &c., supra), have, and each of them hath, granted, released, disposed of, and confirmed, and by these presents do, and each of them doth, grant, release, dispose of, and confirm unto the said C. D. (in his actual possession now being by virtue of a bargain and sale thereof to him made, according to their respective interests, by the said A. B., C. B., D. E., F. E., G. E., H. E., and I. E., in consideration &c., ante, Vol. 3, pp. 192, 240) and his heirs: ALL THAT THE MANOR of aforesaid, with the rights, members, and appurtenances; AND ALSO ALL THAT THE ADVOWSON, right of patronage, and presentation of or to the rectory or parish church of — aforesaid, with the appurtenances; AND ALL AND SINGULAR the messuages, lands, hereditaments, and land-tax by the said will of the said K. L. devised to the uses and in manner aforesaid, (except the said wood, cottage, and lands which have been sold as aforesaid), and which messuages, lands, and hereditaments intended to be hereby released are more particularly mentioned or described in the said two schedules to these presents, and are delineated in the said map or plan drawn in the margin of these presents [general words]: To HAVE AND TO HOLD the said manor, freed from the advowson, messuages, lands, and hereditaments, and all and singular other the premises hereby granted, released, and disposed of, or expressed and intended so to be, unto the said C. D. and his heirs, (freed and discharged from the said estate in tail, and all other estates in tail of the said C. B., and from the said estates in tail, and all other estates in tail of the said F. E., G. E., H. E., and I. E. respectively, and from all remainders and reversions thereupon, respectively, expectant or depending, and all estates, rights, title, interests, and powers, to take effect after the determination or in defeazance of such estates in tail respectively), to the uses and subject to the powers, agreements, and declarations hereinafter limited, declared, and contained of and concerning the same respectively: (that is to say), As to one unDIVIDED EQUAL MOIETY or half part of the advowson aforesaid, and as to all the said messuages, lands, and hereditaments mentioned and comprised in the said first schedule to Habendum to the releasee estates tail. To uses as to one moiety of the advowson, and as to the lands in one schedule. these presents, and in the said map or plan drawn in the margin of these presents coloured, and the land-tax payable out of or chargeable upon the same, with their appurtenances (d): TO THE USE of the said A. B. and her assigns, for her life, without impeachment of waste, and from and after the determination of that estate, by forfeiture or otherwise, in the lifetime of the said A. B., To THE USE of the said C. D. and his heirs during the life of the said A. B., upon trust, to preserve the contingent uses and estates hereinafter limited of the same from being defeated or destroyed, and for that purpose to make entries and bring actions as occasion shall require, but nevertheless to permit and suffer the said A. B. and her assigns to receive and take the rents, issues, and profits of the said premises to her and their own use during her life, and from and after the death of the said A. B., TO THE USE of such son of the said A. B., or such grandson, being the issue of a deceased son of the said A B., and the heirs of the body of such son or grandson, with such remainders in succession to any other of such sons or grandsons, and the heirs of their respective bodies, as the said A. B. shall, by any deed or deeds, or by her last will, either revocably or irrevocably appoint the same, and in default, and until such appointment, and so far as no such appointment shall extend, To THE USE of the said C. B. and the heirs of his body, and in default of issue of the body of the said C. B., To THE USE of the second and every other son of the said A. B. severally and successively, in remainder, one after another as they shall be in seniority of age and priority of birth, and of the several and respective heirs of their bodies, the elder of such sons, and the heirs of his body, to take before the younger of such sons, and the heirs of their respective bodies, and in default of such issue, To THE USE of such daughter or daughters of the said A. B., and the heirs of their respective bodies, either severally or in such shares, and with such remainders in succession, to any others of such daughters, and the heirs of their respective bodies, either severally or in such shares, and with such remainders in succession, to any others of such daughters, and the heirs of their respective bodies, as the said A. B. shall, (d) See supra, p. 217, n. (h). BY TENANTS FOR LIFE AND IN TAIL OF AN ADVOWSON AND LANDS. FOR LIFE AND IN TAIL OF AND LANDS. BY TENANTS by any deed or deeds, or by her last will, either revocably or irrevocably appoint the same, and in default of and until AN ADVOWSON Such appointment, and so far as no such appointment shall extend, To THE USE of all and every the daughters and daughter of the said A. B., and the heirs of their respective bodies, issuing in equal shares as tenants in common, and if any one or more of the said daughters shall die without issue of her or their body or respective bodies, then as well as to the original share or shares of the daughter or daughters so dying, and of whom there shall be such failure of issue as hereinbefore is mentioned, as to the share or shares which shall have survived or accrued to any such daughter or daughters, or to the heirs of her or their body or respective bodies: To THE USE of the other or others of the daughters of the said A. B., and the heirs of their respective bodies issuing, if more than one, in equal shares as tenants in common, and if all the daughters of the said A. B. but one shall die without issue, or there shall be but one such daughter, then as to the entirety of and in the said last-mentioned premises, To THE USE of such one or such only daughter and the heirs of her body issuing, and for default of such issue, To THE USE of the said A. B., her heirs and assigns for ever: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that it shall be lawful for the said A. B., at any time or times hereafter, by any instrument in writing duly executed by her and attested, either revocably or irrevocably to limit and appoint any part or parts of the said hereditaments and premises to which she shall be entitled for an estate for her life, under the limitations hereinbefore contained, to any husband whom she shall hereafter marry, for the term of his natural life or for any less estate (e): AND AS TO TWO UNDIVIDED EQUAL THIRD parts of the manor (f) aforesaid, and of the said messuages, lands, And as to the manor and lands in the (e) The uses declared of the lands taken in severalty, are such of those to which the undivided moiety, in lieu of which they were respectively allotted, stood limited immediately before the execution of the partition, as were capable of taking effect. Of course, however, any uses may be declared which the parties choose. (f) As to the partition of a manor, see Co. Litt. 165. b., and Id., n. (2); see, too, Gilb. Ten. 209; Golds. 37, 155. BY TENANTS FOR LIFE AND other schedule, advowson to uses. and hereditaments mentioned and comprised in the said second schedule to these presents, and in the said map or plan drawn in the margin of these presents coloured and of the land-tax payable out of or charged upon the same, with the appurtenances, To THE USE of the said D. E. and his assigns for his life; AND AS TO THE OTHER undivided moiety or equal half part of the advowson aforesaid, and the other undivided equal third part of the manor aforesaid, and of the said messuages, lands, and hereditaments mentioned and comprised in the said second schedule to these presents, and in the said map or plan coloured and of the land-tax payable out of or charged upon the same, with the appurtenances, and also from and after the death or sooner determination of the estate of the said D. E., as to the said two first-mentioned undivided equal third parts of the said last-mentioned premises, and the appurtenances, To THE USE of the said F. E., G. E., H. E., and I. E., and the heirs of their respective bodies, issuing in equal shares as tenants in common; And if any one or more of them, the said F. E., G. E., H. E., and I. E., shall die without issue of her or their body or respective bodies, then as well as to the original share or shares of her or them so dying without issue as aforesaid, as to the share or shares which shall have survived or accrued to any such of them, or to the heirs of her or their body or respective bodies, to the use of the other or others of them the said F. E., G. E., H. E., and I. E., and the . heirs of their respective bodies issuing, in equal shares as tenants in common, and if all of them, the said F. E., G. E., H. E., and I. E., but one shall die without issue, then as to the entirety of the said last-mentioned premises, To THE USE of such one of them, and the heirs of her body, and for default of such issue, To THE USE of the said F. E., G. E., H. E., and I. E., their heirs and assigns for ever: AND IT Partition of the IS HEREBY agreed and declared between and by the parties to these presents, that as often as the said rectory and parish church of shall become vacant, the said A. B. or other the person or persons for the time being entitled in possession, under the limitations firstly hereinbefore contained, to the one equal undivided moiety of the said advowson thereof, and the person or persons for the time advowson. FOR LIFE AND IN TAIL OF AND LANDS. BY TENANTS being entitled in possession, under the limitations secondly hereinbefore contained, to the other equal undivided moiety AN ADVOWSON of the said advowson thereof, shall severally present by their turns alternately in manner following; (that is to say), that the said A. B. or other the person or persons for the time being entitled in possession, under the limitations firstly herein before contained, to the one equal undivided moiety of the said advowson, shall present for the first or next turn, and the person or persons for the time being entitled in possession, under the limitations secondly herein before contained, to the other equal undivided moiety of the said advowson, shall present for the second or succeeding turn, and so alternately as often as the said rectory and parish church shall become vacant (g): AND THE SAID A. B., so far as relates to the said undivided moiety of which at the time of the sealing and delivery of these presents she is tenant for life as aforesaid, and to the acts and deeds of her and her heirs and assigns, and of the said K. L. and the said C. B., so far as relates to the same undivided moiety and to Covenants by all parties as to their shares ; Partition of advowson. (g) A partition may be made of an advowson, because, although it is an entire inheritance, the parties may present to it in turns. (Co. Litt. 164. b.). And the proper way of making a partition of an advowson is, to limit undivided shares to the several parties, and to add an agreement that they shall present in turn, in a specified rotation. (The Bishop of Salisbury v. Phillips, Carth. 505; S. C. 1 Salk. 43). See the frame of the precedent in the text, and of the partition in the case in Carthew. See, too, the case of a partition of an advowson between two coparceners, where one is within age. (F. N. B. 36, D.). › If a manor, to which an advowson is appendant, be divided between coparceners, so that every one hath a part of the manor, without saying anything of the advowson, the advowson remains in coparcenary, and yet in every of their turns it is appendant to that part which they respectively have; and so it is if they make composition to present against common right, yet it remains appendant. But if, upon such a partition, an express exception be made of the advowson, then the advowson remains in coparcenary and in gross. (Co. Litt. 122. a.). In the case in the text, as D. E. was the incumbent, it was not thought worth while to limit any interest to him in the advowson, in respect of his life estate in two undivided third parts of the property. But if he had been likely to resign the living, his interest might have been of some value on a sale of a presentation in his lifetime, and the contingency must have been provided for. |