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OF SEVEN
SHARES.

before limited, or expressed and intended so to be, and AS TO ONE 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 incumbrancesexcept the respective parts of the annuity-and for further assurance-see supra, p. 240] (f): AND WHEREAS, by the Recital of the

existence of a said indenture of the day of all and singular ferm the said lands, hereditaments, and premises thereby releas- settled here

ditaments; 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

term in the

(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)).

(9) 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 signment of

attendant terms a separate deed. (See ante, Vol. 3, p. 450, n.; supra, p. 247, n. (6). by the 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. 453, n. (d).

OF SEVEN
SHARES.

premises as are 1:.

AS TO ONE A. C. and B.C. are desirous that all such and so many, and

such part and parts of the hereditaments and premises, comthat the terms

prised in the said term of five hundred years, as are herein such of the inbefore particularly described, and firstly hereinbefore taken in sever. limited, or expressed and intended so to be, shall be asalty, should be signed to the said E. F., his executors, administrators, and assigned to attend.

assigns, upon the trusts and in manner hereinafter menWitnesseth tioned (h): NOW THIS INDENTURE ALSO WITfurther, assign- NE ment of the

" NESSETH, that, for effectuating the said desire, and in term in the pre- consideration of the premises, he the said C. B., with the mises taken in severalty. 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 rcels. 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 de

scribed, 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 here

inbefore granted and released, or expressed and intended Habendum. 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 In trust to at- years ; In Trust for the several persons who shall from tend the inhe.

time to time be entitled to or interested under the limitations hereinbefore contained in reversion expectant on the

tate.

ritance;

(h) With respect to the structure of this recital, see ante, Vol. 3, p. 456, n. (9).

(2) As to the mode in which parcels are described in assignments of terms, see ante, Vol. 3, p. 457, n. (h).

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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. (i).

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 mon;

and mod e rnend lease to three and waug, Vi CAP

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.

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 execu

tors, administrators, and assigns, to be observed and per-of the agree- formed: AND WHEREAS the said A. B., C. D., and E. F. ment for the

have respectively agreed to make partition of the said herepartition.

ditaments and premises in manner hereinafter mentioned, Witnesseth, and to enter into the covenants hereinafter contained: NOW assignment by THIS INDENTURE WITNESSETH, that, in pursutwo of the te nants in com. ance of the said agreement, and in consideration of the asmon to the third of their Siguenit

signments hereinafter contained, on the part of the said

110 shares in the A. B., they the said C. D. and E. F. have, and each of part to be taken by him.

them hath assigned, and by these presents do, and each of

them doth assign unto the said A. B., his executors, adParcels. ministrators, 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 respect

ively numbered — and , and are coloured - (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 Habendum. 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

tate.

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

LEASEHOLDS.

now to come of the said term of years and 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 hereinbefore assigned, or expressed and intended so to be: AND THIS INDENTURE ALSO WITNESSETH, Witnesseth that, in further pursuance of the said agreement, and in con- assignment by

further, similar sideration of the assignments hereinbefore and hereinafter two others of

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 part. of their undivided third parts to C. D. in other parts of the demised premises) : AND THIS INDENTURE ALSO Similar assign

z ment by two WITNESSETH, that, in further pursuance of the said other o agreement, and in consideration of the assignments herein- tenants in combefore 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

sota and the tenants in

common redeeds of his executors, administrators, and assigns, doth spectively with

each other, that hereby for himself, his heirs, executors, administrators, and assigns, covenant with each of the others of them, his no act to in

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,

the

Te done

ify the several parties coinst any nov. of distress by

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

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