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AS TO ONE
OF SEVEN
SHARKS.

unmarried and
intestate;
—of the death
of another
daughter un-
married and in-
testate;
—of the death
of L. B., leav-
ing the present
tenants in com-
mon her only
surviving chil-
dren;

—of the debts,
funeral ex-
penses, and le-
gacy of A. B.,
having been
paid;

—of one of the daughters. marriage;

—of the agreement for partition;

—of the mode in which it is intended to effectuate the partition;

—of the desire

been married, and intestate, leaving the said A. B., party hereto, her eldest brother her heir at law: And Whereas

the said N. B. died in the month of , without having

been married, and intestate, leaving the said A. B., party hereto, her eldest brother, her heir at law: And Whereas

the said L. B. died in the month of , leaving the said

A. B., C. B., D. B., E. B., G. B., I. B., and B. C, and no other child living at her death: And Whereas all the debts and funeral expenses of the said A. B., deceased, and the said legacy of .£10 to the said B. C, given by his said will, have been long since paid and satisfied: And Whereas the said B. C, (formerly B. B., spinster), intermarried with and is now the wife of the said A. B.: And Whereas the said A. B., party hereto, C. B., D. B., E. B., G. B., I. B., A. C, and B. C, some time since agreed to make a partition, in manner hereinafter mentioned, of the said lands and hereditaments comprised in the

said indentures of the and days of , and of

the said messuage, lands, and hereditaments devised by the said will of the said A. B., deceased, so far as relates to the said A. C. and B. C.: And Whereas, upon the treaty for the said partition, it was agreed that the hereditaments firstly hereinafter particularly mentioned, and intended to be firstly hereinafter released, should be taken in severalty by the said A. C. and B. C, subject nevertheless to, and charged with, the payment of 3s. per annum (being one eqiial seventh part of the said annual sum of £1 Is.) to the said E. M. and her assigns for her life, and that all and singular other the hereditaments comprised in the said indentures and will respectively, and intended to be secondly hereinafter released, should be conveyed and assured to the use of the said A. B., party hereto, C. B., D. B., E. B., G. B., and I. B., their heirs and assigns, as tenants in common, in the shares and in manner hereinafter mentioned (a): And Whereas the said A. C. and B. C. are

(a) The usual mode of describing the parcels in partition deeds will be seen in the two last precedents; and see, too, supra, p. 212, n. (c). The small size of the property taken in severalty in the present case rendered the employment of a schedule unnecessary.

desirous that the hereditaments hereinafter particularly As To Onb mentioned, and intended to he firstly hereinafter released, Shares. should he limited to the uses and in manner hereinafter of the parties mentioned: And Whereas the said H. B. has agreed to taking the one

• .i r .i j • i seventh in se

join in these presents, tor the purpose and in manner here- veraity that it

inafter mentioned: NOW THIS INDENTURE WIT- should be set

NESSETH, that, in pursuance of the said agreement, and ticular manner

for effectuating the said partition, they the said A. B., —of the agree

party hereto, C. B., D. B., E. B., G. B., and I. B., have, wife of one of

and each of them hath, planted, released, and confirmed, the co-tenants

to joui.

and by these presents do, and each of them doth, grant, witnesseth. release, and confirm ; and the said B. C., with the concur- Conveyance to rence of the said A. C., (testified by his being a party to and executing these presents), hath granted, released, and disposed of, and by these presents doth grant, release, and dispose of; and the said H. B., with the concurrence of the said I. B., (testified by his being a party to and executing these presents), and for the purpose of releasing and extinguishing her right of dower out of or in the hereditaments intended to be hereby released, and every part thereof, doth by this present deed release and dispose of, unto the said C. D. (in his actual possession now being, by virtue of a bargain and sale thereof to him made by the said A. B., party hereto, C. B., D. B., E. B., G. B., I. B., A. C., and B. C., in consideration of five shillings apiece, &c. (ante, Vol. 3, p. 198) ) and his heirs, All and singular Parcels, the pieces or parcels of land and hereditaments comprised

in the said indentures of the and days of;

and all and singular the messuage, pieces or parcels of land, and hereditaments devised by the said will of the said A. B., deceased: [General words, adding to the "all General words, the estate " clause, "except out of this present grant and release, a term of five hundred years hereinafter more particularly mentioned, and subsisting in the said hereditaments

comprised in the said indentures of the and

days of , and now vested in the said C. B. (b)"]: To Habendum to

(i) Whenever one of the conveying parties is possessed of a sub- As to except

sisting term in the property, which it is intended shall be kept on ing a term out

foot, it should be excepted out of the release in the form in the text. oj. ^"estate"08

For although, if it were assigned by a separate witnessing part of in which the

As To Onb Have And To Hold the said pieces or parcels of land, Shares. messuage, and hereditaments, and all and singular other the releasee to the premises hereinbefore released, or expressed and inuses, tended so to be, unto the said C. D. and his heirs, to the

uses, upon and for the trusts, intents, and purposes, and with and subject to the powers, hereinafter limited, declared, and contained of and concerning the same respecAs to part of tively: (that is to say), As To All That &c, [description], the sPettktn7ntn bein& part of tne said hereditaments comprised in the said

and will to uses indentures of the and days of , and being

fevour of oneTM tne pieces or parcels of land delineated in the map or plan tenant in com- drawn in the margin of these presents, and therein numbered 1 and 2 respectively, [or " therein coloured "],

subject to the payment of the annual sum of three shillings to the said E. M. and her assigns for her life, being one equal seventh part of the said annual sum of twentyone shillings, wherewith the said hereditaments comprised

in the said indentures of the and days of

are charged as aforesaid: And As To All That &c, [similar description of some pieces of land devised by the will], with the rights, easements, and appurtenances as aforesaid (c); To The Use of &c, [to A. C. for life

termor joins in the same deed, the probability is, that it would be held to have been another cha- excepted out of the prior release by implication, yet this risk should racter- never be run, but the exception should be expressed. It is a con

sideration against the implied exception, that if two parts of a deed be inconsistent, the first in order will be held to prevail. (See Cru. Dig. Tit. 32, c. 20, 88. 7 & 8; 2 Bl. Comm. 381; Hard. 04). If the term do not necessarily appear on the face of the principal deed, it should of course be assigned by a separate deed, except, where (as in the case in the text) the property is so small as not to warrant the additional expense. (See ante, Vol. 3, p. 450, n.). The separate assignment must precede the conveyance, in order to avoid the necessity of expressly excepting the term out of the conveyance.

The way in which terms not necessarily appearing on the conveyance are dealt with, when it is intended to assign them by the conveyance, will be seen infra, p. 251.

In the present case the term is merged as to one seventh, unless there be some intervening estate.

(c) As to the propriety of inserting general words after each limitation, see supra, p. 217, n. (h).

AS TO ONE
OF SEVEN

remainder to trustees to preserve contingent remaindersremainder to B. C. for liferemainder to trustees to pre- "shares. serve contingent remaindersremainder to the children of A. C. and B. C., as they or the survivor shall appointand in default of appointment to the use of all the children equally as tenants in common in fee. See infra, title Settlements]: And As To All and singular such and so And as to the many and such part and parts of the said piece or parcels ^ oTremain

of land, comprised in the said indentures of the and "1g tenants in

,7. , . , - • i i common in days oi , as are not hereinbetore particularly their former

described and limited as aforesaid: And Also, as to all 8hares,
and singular such and so many, and such part and parts of
the said pieces or parcels of land, devised by the said will
of the said A. B., deceased, as are not hereinbefore par-
ticularly described and limited as aforesaid, with the rights,
easements, and appurtenances as aforesaid (d): To The
Uses hereinafter limited and declared concerning the same
respectively: (that is to say), As To All such and so many,
and such part and parts of the said hereditaments and
premises, as were comprised in the said indentures of the

and days of , (subject, nevertheless, and

charged with the payment of the annual sum of eighteen shillings to the said E. M. and her assigns for her life, being six equal seventh parts of the said annual sum of twenty-one shillings, wherewith the said hereditaments are charged as aforesaid): To The Use of the said A. B., parry hereto, C. B., D. B., E. B., G. B., and I. B., their heirs and assigns, in equal shares as tenants in common: And As To All such and so many, and such part and parts of the said hereditaments and premises as were devised by the said will of the said A. B., deceased, To The Use of the said A. B., party hereto, C. B., D. B., E. B., G. B., and I. B., their heirs and assigns, as tenants in common, in the shares and proportions following: (that is to say), As To three equal eighth parts or shares thereof, (the whole into eight equal parts or shares being considered as divided), To The Use of the said A. B., party hereto, his heirs and assigns: And As To the remaining live equal

(d) See supra, p. 217, n. (A).

AS TO ONE or SEVEN

Covenants as
to payment of
that propor-
tioned part of
the annuity
which is charge
ed on the land
taken in sever-
alty.

Covenants as to the residue of the annuity.

eighth parts or shares thereof, To The Use of the said C. B., D. B., E. B., G. B., and I. B., or in equal shares as tenants in common, and their respective heirs and assigns: And The Said A. C. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D. and his heirs, that he the said A. C, his heirs, executors, or administrators, or the said B. C. or her heirs, or the person or persons for the time being seised of or entitled to the lands and hereditaments hereinbefore particularly described, and firstly hereinbefore limited as aforesaid, or some of them, shall and will, at all times hereafter, well and truly pay, or cause to be paid, to the said E. M. or her assigns, during her life, the said annual sum of three shillings, in satisfaction and discharge of one equal seventh part or share of the said annual sum of twenty-one shillings hereinbefore mentioned, and shall and will save, defend, keep harmless and indemnified, the said A. B., party hereto, C. B., D. B., E. B., G. B., and I. B., and every of them, their and every of their heirs and assigns, and also the said hereditaments and premises secondly hereinbefore limited, or expressed and intended so to be, and every part thereof, of, from, and against all actions, suits, accounts, reckonings, claims, demands, losses, and damages whatsoever, for or in respect of the same, or in anywise relating thereto: And The Said A. B., party hereto,

C. B., D. B., E. B., G. B., and I. B., do hereby for themselves, their heirs, executors, and administrators, and each of them doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D. and his heirs, that they the said A. B., party hereto, C. B.,

D. B., E. B., G. B., and I. B., and their heirs or assigns, or some or one of them, shall and will, at all times hereafter, well and truly pay, or cause to be paid, to the said

E. M. or her assigns, during her life, the said annual sum of eighteen shillings, in satisfaction and discharge of six equal seventh parts or shares of the said annual sum of twenty-one shillings hereinbefore mentioned, and shall and will save, defend, keep harmless and indemnified, the said A. C. and B. C., their and each of their heirs and assigns, and also the said hereditaments and premises firstly herein

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