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before limited, or expressed and intended so to be, and A» TO 0NK every part thereof, of, from, and against the payment ot Sharks. the said annual sum of eighteen shillings, and 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 (e): And Each Of Them the said A. B., party hereto, C. B., D. B., E. B., G. B., I. B., and A. C., so far &c: [Separate and qualified covenants with C. D. and his heirsfor titlefor right to conveyfor quiet enjoymentfree from incumbrancesexcept the respective parts of the annuityand for further assurancesee supra, p. 240] (/): And Whereas, by the Recital of the

said indenture of the day of , all and singular term^the *

the said lands, hereditaments, and premises thereby releas- ^re" ed, or expressed and intended so to be, were assigned unto the said C. B., his executors, administrators, and assigns, for the residue of the said term of five hundred years,

created by an indenture bearing date the day of ,

and made, or expressed to be made, between [parties], in trust for the said A. B., deceased, his executors, administrators, and assigns, and to be from time to time transferred as the said A. B., deceased, should direct, and in the meantime to attend the inheritance thereof, to protect the same from all mesne incumbrances (g): And Whereas the said —of the desire

(e) The annuity is so trifling that the apportionment by means of mutual covenants is deemed sufficient. The method of apportioning more important annuities, may be seen supra, p. 221; and see supra, p. 223, n. (I).

(/) The covenants are properly entered into with the releasee and his heirs. (See supra, p. 224, n. (»») ).

(g) Terms already attendant are assigned by the principal deed, As to the asonly when the property is deemed too small to bear the expense of s^"TMentt °^ a separate deed. (See ante, Vol. 3, p. 450, n.; supra, p. 247, n. (b). bythe principal And when they are so assigned, the recitals connected with them deed, (contrary to the general practice) are placed after the principal witnessing part and covenants, and immediately before the assignment. There is no good reason for this, but such is the practice. The form of the recitals is nearly always that in the text.

With respect to the assignment of terms in general, see ante, VoL 3, p. 449, n. (a); and p. 463, n. (d).

AS TO ONE
OF SEVEN
SHARES.

that the terms
in such of the
premises as are
taken in sever-
alty, should be
assigned to at-
tend.

Witnesseth
further, assign-
ment of the
term in the pre-
mises taken in
severalty.

reels.

And all the es-
tate.

Habendum.

In trust to at-
tend the inhe-
ritance;

A. C. and B. C. are desirous that all such and so many, and such part and parts of the hereditaments and premises, comprised in the said term of five hundred years, as are hereinbefore particularly described, and firstly hereinbefore limited, or expressed and intended so to be, shall be assigned to the said E. F., his executors, administrators, and assigns, upon the trusts and in manner hereinafter mentioned (A): NOW THIS INDENTURE ALSO WITNESSETH, that, for effectuating the said desire, and in consideration of the premises, he the said C. B., with the privity and by the direction of the said A. B., party hereto,

D. B., E. B., G. B., and I. B., and upon the nomination and appointment of the said A. C. and B. C, (testified by their severally being parties to, and executing these presents), hath assigned, and by these presents doth assign, unto the said E. F., his executors, administrators, and assigns: All Such and so many, and such part and parts of the said hereditaments and premises by the said indenture of the

day of assigned, or expressed and intended so

to be, unto the said C. B., his executors, administrators, and assigns, for the residue then to come of the said term of five hundred years, as are hereinbefore particularly described, and are firstly hereinbefore limited, or expressed and intended so to be, with their appurtenances (i): And All the estate &c, (other than and except such estate and interest of the said C. B. in the said premises as are hereinbefore granted and released, or expressed and intended so to be): To Have And To Hold the said hereditaments, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said

E, F., his executors, administrators, and assigns, for all the residue now to come of the said term of five hundred years; In Trust for the several persons who shall from time to time be entitled to or interested under the limitations hereinbefore contained in reversion expectant on the

(A) With respect to the structure of this recital, sec ante, Vol. 3, p. 466, ii. {g).

(t) As to the mode in which parcels are described in assignments of terms, see ante, Vol. 3, p. 467, n. (A).

V

OF SEVEN
SHARES.

said term of five hundred years, of and in such of the pre- AS T0 0NB mises therein comprised as are hereinbefore assigned, or expressed and intended so to be, and to assign and dispose of the same as they shall from time to time direct, and, in the meantime, upon trust, to permit the residue of the said term to wait upon and attend the reversion, freehold, and inheritance of the premises hereinbefore assigned, or expressed and intended so to be, and to protect the same from all mesne incumbrances, if any such there be (k), [Covenant by the said C. B. with the said E. F., his executors, administrators, and assigns, against incumbrances, ante, Vol. 3, p. 458]. In Witness &c.

(t) See variation, ante, Vol. 3, p. 458, n. («).

XVII.

PARTITION of Leaseholds by three Tenants Leaseholds in common (a).

THIS INDENTURE, made &c. Between A. B., of &c, Parties, of the first part; C. D., of &c, of the second part; and E. F., of &c, of the third part: Whereas, by an indenture Recital of a

bearing date the day of , and made, or expressed

to be made, between [parties] for the considerations therein

lease to three tenants in com

(<z) As terms of years are not capable of being limited to uses, Partition of they cannot be parted like freeholds, by a conveyance by all parties leaseholds, of all the property to a releasee, and subsequent distinct declarations of uses of the parts taken in severalty. (See supra, p. 209). The partition of lands held for a term of years may be made either, as in the text, by assignments or releases by the different tenants of their undivided shares to each other, or by an assignment by all the tenants of all the property to a trustee, in trust, to assign the separate properties to the persons who are to take them in severalty, and an assignment accordingly. The last method necessarily requires more than one deed, but it is often resorted to.

LEASEHOLDS.

—of the agreement for the partition.

Witnesseth, assignment by two of the tenants in common to the third of their shares in the part to be taken by him.

Parcels.

And all the i tate.

Habendum.

mentioned, the said X. Y. did demise unto the said A. B., C. D., and E. F., their executors, administrators, and assigns, All That &c. [parcels], to hold the same unto the said A. B., C. D., and E. F., their executors, administrators, and assigns, in equal shares as tenants in common,

from the day of then last past, for the term of

years and months, wanting days, thence

next ensuing, at the yearly rent of £ , payable half-yearly, as in the said indenture is mentioned, and under and subject to the covenants, conditions, and agreements therein contained, and on the part of the said lessees, their executors, administrators, and assigns, to be observed and performed: And Whereas the said A. B., C. D., and E. F. have respectively agreed to make partition of the said hereditaments and premises in manner hereinafter mentioned, and to enter into the covenants hereinafter contained: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the assignments hereinafter contained, on the part of the said A. B., they the said C. D. and E. F. have, and each of them hath assigned, and by these presents do, and each of them doth assign unto the said A. B., his executors, administrators, and assigns, All Those the respective two equal undivided third parts or shares of them the said C. D. and E. F. of and in all such parts, allotments, and portions of the aforesaid piece or parcel of ground as in the map or plan delineated in the margin of these presents are respectively numbered and , and are coloured (b);

And All The Estate, right, title, interest, term of years yet to come and unexpired, possibility, property, claim, and demand whatsoever, both at law and in equity, of them the said C. D. and E. F., and each of them, of, in, to, or upon the same premises, and every part thereof: To Have And To Hold the said two equal undivided third parts or shares, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said A. B., his executors, administrators, and assigns, for all the residue

(J) As to the description of parcels in partition deeds, see supra, p. 212, n. (c); p. 246, n. (a).

now to come of the said term of years and "Agl

months, wanting days, under and subject to the payment of one equal third part of the aforesaid rent of £ ,

and to the observance and performance of the covenants, conditions, and agreements in the said indenture of lease contained, and on the part of the said lessees, their executors, administrators, and assigns, to he observed and performed, so far as the said covenants, conditions, and agreements relate to the said parts, allotments, and portions hereinbefore described, and two equal third parts whereof are hereinbefore assigned, or expressed and intended so to be: AND THIS INDENTURE ALSO WITNESSETH, Witnessed that, in further pursuance of the said agreement, and in con- assignment by sideration of the assignments hereinbefore and hereinafter t*0 others of

. . -r^ the tenants in

contained on the part of the said C. D., they the said C. D. common as to and E. F. have &c.: [Similar assignment by A. B. and E. F. another P"*' of their undivided third parts to C. D. in other parts of the demised premises]: AND THIS INDENTURE ALSO Similar assignWITNESSETH, that, in further pursuance of the said 0ther of the agreement, and in consideration of the assignments herein- tenants incombefore respectively contained on the part of the said E. F., remaining part, they the said A. B and C. D., have &c: [Similar assignment by A. B. and C. D. of their undivided third parts to E.F., in the remainder of the demised premises] (c): And

EACH of thEM the said A. B., C. D., and E. F., SO far Covenants by

as relates to his own acts and deeds, and the acts and common're-"1

deeds of his executors, administrators, and assigns, doth spectively with

hereby for himself, his heirs, executors, administrators, they have'done

and assigns, covenant with each of the others of them, his n0 "5*t0 m"

, . . i . . 77i cumber;

executors, administrators, and assigns, in manner following; (that is to say), that they the said A. B., C. D., and E. F. respectively, have not, at any time heretofore, made, done, committed, or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act,

(c) It is apprehended that this deed should have contained cross Cross powers powers of distress, to indemnify the several parties against any pay

of distress by

ments which they may be compelled to make in respect of the rent Indemnity" and covenants to be paid and performed by the other parties. See the mode of framing such powers, supra, p. 221.

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