AS TO ONE OF SEVEN before limited, or expressed and intended so to be, and every part thereof, of, from, and against the payment of 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 heirs—for title—for right to convey for quiet enjoyment-free from incumbrances— except the respective parts of the annuity-and for further assurance--see supra, p. 240] (ƒ): AND WHEREAS, by the said indenture of the day of, all and singular the said lands, hereditaments, and premises thereby released, 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. (1). (f) The covenants are properly entered into with the releasee and his heirs. (See supra, p. 224, n. (m)). (g) Terms already attendant are assigned by the principal deed, only when the property is deemed too small to bear the expense of a separate deed. (See ante, Vol. 3, p. 450, n.; supra, p. 247, n. (b). And when they are so assigned, the recitals connected with them (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. 453, n. (d). Recital of the term in the settled here existence of a ditaments; As to the assignment of attendant terms by the principal deed. AS TO ONE OF SEVEN 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. rcels. tate. A. C. and B. C. are desirous that all such and so many, and 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 all the es- 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 herein before 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 herein before contained in reversion expectant on the Habendum. In trust to attend the inhe ritance; (h) With respect to the structure of this recital, see ante, Vol. 3, p. 456, n. (g). (i) As to the mode in which parcels are described in assignment s of terms, see ante, Vol. 3, p. 457, n. (h). said term of five hundred years, of and in such of the premises 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. (k) See variation, ante, Vol. 3, p. 458, n. (¿). AS TO ONE OF SEVEN 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 lease to three to be made, between [parties] for the considerations therein mon; tenants in com (a) 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. of the agree ment for the partition. Witnesseth, two of the tenants in com mon to the LEASEHOLDS. 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 assignment by 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 (b); And all the es- 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 third of their shares in the part to be taken by him. Parcels. tate. Habendum. and and are coloured (b) 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 LEASEHOLDS. further, similar assignment by two others of the tenants in common as to 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 be 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 herein before assigned, or expressed and intended so to be: AND THIS INDENTURE ALSO WITNESSETH, Witnesseth that, in further pursuance of the said agreement, and in consideration of the assignments hereinbefore and hereinafter contained on the part of the said C. D., they the said C. D. and E. F. have &c.: [Similar assignment by A. B. and E. F. another part. of their undivided third parts to C. D. in other parts of the demised premises]: AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement, and in consideration of the assignments hereinbefore respectively contained on the part of the said E. F., 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 deeds of his executors, administrators, and assigns, doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with each of the others of them, his 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 powers of distress, to indemnify the several parties against any payments which they may be compelled to make in respect of the rent and covenants to be paid and performed by the other parties. See the mode of framing such powers, supra, p. 221. Similar assignother of the tenants in com ment by two mon as to the remaining part. the tenants in common re spectively with each other, that they have done no act to in cumber; Cross powers of distress by way of mutual indemnity. |