AS TO ONE OF SEVEN unmarried and intestate; -of the death of another daughter un married and intestate; -of the death of L. B., leav ing the present tenants in com mon her only 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 mentiondaughters' mar- ed, of the said lands and hereditaments comprised in the riage; said indentures of the surviving chil dren; -of the debts, funeral ex penses, and legacy of A. B., having been paid; -of one of the -of the agreement for par tition; in which it is intended to effectuate the partition; 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 -of the mode 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 equal seventh part of the said annual sum of £1 1s.) 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 men-of the desire tioned (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. AS TO ONE of the parties taking the one veralty that it should be settled in a particular manner; of the agree seventh in se ment of the the releasee. desirous that the hereditaments hereinafter particularly mentioned, and intended to be firstly hereinafter released, should be limited to the uses and in manner hereinafter mentioned: AND WHEREAS the said H. B. has agreed to Join in these presents, for the purpose and in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and for effectuating the said partition, they the said A. B., party hereto, C. B., D. B., E. B., G. B., and I. B., have, wife of one of and each of them hath, granted, released, and confirmed, the co-tenants to join. 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 and days of ; in the said indentures of the said A. B., deceased: [General words, adding to the "all General words. and and now vested in the said C. B. (b)"]: To Habendum to As to excepting a term out (b) Whenever one of the conveying parties is possessed of a subsisting term in the property, which it is intended shall be kept on foot, it should be excepted out of the release in the form in the text. For although, if it were assigned by a separate witnessing part of in which the of a conveyance of the estate, another cha racter. HAVE AND TO HOLD the said pieces or parcels of land, termor joins in the same deed, the probability is, that it would be held to have been excepted out of the prior release by implication, yet this risk should never be run, but the exception should be expressed. It is a consideration 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, ss. 7 & 8; 2 Bl. Comm. 381; Hard. 94). 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 convey ance. 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 remainders— remainder to B. C. for life-remainder to trustees to preserve contingent remainders-remainder to the children of A. C. and B. C., as they or the survivor shall appoint— and 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 of land, comprised in the said indentures of the and and residue to the use of remaining tenants in common in their former days of, as are not hereinbefore particularly described and limited as aforesaid: AND ALSO, as to all shares. 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 particularly 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 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., party 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 five equal (d) See supra, p. 217, n. (h). AS TO ONE OF SEVEN Covenants as to payment of that proportioned part of the annuity which is charged on the land taken in severalty. 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 herein before 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 herein before 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 |