Page images
PDF
EPUB

FOR AN EX-
CHANGE.

do not make

FOR AN EX- date hereof, at his own expense, deliver to the other of

them, or his solicitor, an abstract of the title of him the

said A. B. or C. D. to the said hereditaments and premises If either party hereinbefore agreed to be sold by him respectively; That

in case either of them, the said A. B. and C. D., shall fail out his title, agreement to be in deducing a good title to the said hereditaments and void.

premises hereinbefore agreed to be sold by him respectively, then this agreement shall be void and of no effect in respect to both of the aforesaid sales; and each of them the said A. B. and C. D., shall pay his own expenses, whether incurred in investigating the title of the other of

them, or otherwise howsoever, in relation to this agreeThat convey.

ment; That in case each of them, the said A. B. and ances shall be D choll executed of the

C. D., shall succeed in deducing a good title to the said respective pro- hereditaments and premises hereinbefore agreed to be sold perties,

by him respectively, then the said A. B. shall, on the —
day of — next, execute and procure to be executed by
all other necessary parties (if any), a proper conveyance of the
said firstly hereinbefore described hereditaments, with their
appurtenances, and the inheritance thereof, in fee simple,
free from incumbrances, unto the said C. D., his heirs and
assigns, or to such uses as he or they shall direct; and the
said C. D. shall, on the same day, execute and procure to
be executed, by all other necessary parties (if any), a
proper conveyance of the said secondly hereinbefore de-
scribed hereditaments, with their appurtenances, and the
inheritance thereof, in fee simple, free from incumbrances,

unto the said A. B., his heirs and assigns, or to such uses -at the ex- as he or they shall direct; THAT the said conveyances shall

he be respectively prepared by, and at the expense of, the whom they are party to whom they are to be made, and shall be respectively respectively

tendered or left by such party, on the said — day of Purchases to be be - , at — , al i

; That the said sales and purchases shall be

THAT W completed on a completed on the said — day of — , and at the place given day.

lastly hereinbefore mentioned; and the said A. B. and C. D. shall, on that day, be respectively let into the possession [or into the receipt of the rents and profits) of the said hereditaments and premises hereinbefore agreed to be purchased by them respectively, and up to that day all

pense of the persons to

made.

CHANGE.

outgoings payable out of the said hereditaments and pre- POR AN EXmises respectively, [by the landlord], shall be discharged _ by the person by whom the same respectively are hereinbefore agreed to be sold; That, if from any cause, the Arrangement, said sales and purchases shall not be completed on the said in case they be

not completed. - day of — , and shall afterwards be completed, the said A. B. and C. D. shall be respectively entitled, from the said day of — , to the possession, [or to the receipt of the rents and profits]; and shall, from the same day, discharge the outgoings of the premises purchased by them respectively; That the agreement hereby entered into shall not be considered as an agreement for an exchange ; That each of them the said A. B. and C. D., Each party to, shall pay his own expenses of investigating the title of the pay his own cao other of them, and otherwise, in relation to the said sales and purchases, and also one equal half-part of the expenses of these articles of agreement; That if any mistake, Compensation capable of compensation, be made, in the description of cla either of the aforesaid properties, such mistake shall not annul the sales aforesaid, but a compensation shall be allowed and accepted for the same, and such compensation and also any dispute or difference which may arise respecting any of the premises or matters aforesaid, shall be settled by two referees, or their umpire, in manner following ; (that is to say), each party shall, within fourteen days after notice, to that effect, shall have been given, appoint one referee, by writing ; and the referees so appointed shall, before they commence their duty, appoint an umpire, by writing, and the decision of such referees, if they agree, or of such umpire, if they disagree, shall be final. If either party shall neglect, or refuse to appoint a referee, within the time specified, the referee appointed by the other party shall, alone, make a final decision. In WITNESS &c.

"6"N6 ANWAD

V

penses.

clause.

VIII.

FOR AN EXCHANGE AND

ACT OF PARLIAMENT.

AGREEMENT for an Exchange, and to ap

ply for an Act of PARLIAMENT to give Effect thereto.

ARTICLES OF AGREEMENT made and entered into Parties.

&c. BETWEEN A. B., of &c., spinster, (the eldest of the four daughters, and coheirs of J. B., deceased), of the first part; C. B., of &c., (the widow of the said J. B.), of the second part; D. E., of &c., and F. E. his wife, (formerly F. B. spinster, another of the daughters, and coheirs of the said J. B.), of the third part; G. B., of &c., spinster, (another of the daughters and coheirs of the said J. B.), of the fourth part; and H. I., of &c., and L. I. his wife, (formerly

L. B. spinster, the other daughter and coheir of the said Recital of will. J. B.), of the fifth part: [Recites will of M. N. and settle

ment, in pursuance thereof, under which A. B. is tenant for life, with remainder to her children in tail, with re

mainders to her sisters and their children in like manner]: -of death of AND WHEREAS, the said J. B. being seised or entitled of an ancestor, in

or to several freehold messuages, lands, tenements, and other hereditaments, for an estate of inheritance, in fee simple ; and being seised or entitled of or to several copyhold hereditaments, according to the customs of the several manors, of which the same were respectively holden, died, on or about the day of — , intestate, leaving the said A. B., F. E., G. B., and L. I., his coheirs-at-law, and also his coheirs, according to the customs of the said manors,

of which the said copyhold or customary hereditaments are -of settle

holden : [Recites settlement of the share of F. E. on her ments of shares. marriage, setting out the power of exchange at length; and

similarly the settlement on the marriage of L. I.]; And --that heredi- WHEREAS the hereditaments mentioned and comprised in

testate.

taments in first

CHANGE AND

reditaments in

the first schedule hereunder written, or hereunto annexed, FOB AN EXbeing part of the said estates devised by the said will of

ACT OF M. N., lie detached and inconvenient to be held with the PARLIAMENT. residue of the said estates devised by the same will; AND schedule are

not a conveniWHEREAS the hereditaments mentioned and comprised in ent part of dethe second schedule hereunder written, or hereunto an- vised estate ; nexed, being part of the said estates which descended upon

in —that the hethe said A. B., F. E., G. B., and L.'I., on the death of the second schedule

are intermixed said J. B., lie intermixed with the bulk of the said estates with the dedevised by the said will of the said M. N., and are conve- vised estate ; nient to be held therewith; AND WHEREAS the said here- - that the he

reditaments in ditaments mentioned and comprised in the said first sche- the two schedule, and the said hereditaments mentioned and comprised dules are of

equal value; in the said second schedule, are of equal value, as appears by a survey and valuation lately made of the same premises respectively, by X. and Y., surveyors and valuers, appointed for that purpose by the said parties to these presents; AND WHEREAS, it would be for the advantage of all that ex. the persons interested, if an exchange were effected of the change will be

advantageous. said hereditaments mentioned and comprised in the said first schedule, for the said hereditaments mentioned and comprised in the said second schedule: Now, for effect- Agreement to uating such exchange, it is hereby agreed between the said ch A. B., on the one part; and the said C. B., D. E., and F. E., G. B., and H. I., and L. I., on the other part; that, as soon as the circumstances of the case will admit, an exchange shall be effected of the said hereditaments mentioned and comprised in the said first schedule hereunder written or hereunto annexed, for the said hereditaments mentioned and comprised in the said second schedule hereunder written or hereunto annexed; THAT, upon the said exchange, Hereditaments

in first schedule the said hereditaments comprised in the said first schedule to be limited hereunder written or hereunto annexed, shall be assured, certain uses. limited, and settled, (freed and absolutely discharged of and from all and singular the uses, trusts, powers, provisoes, and declarations, in and by the said will of the said M. N., and the said indenture of release and settlement of the - day of or either of them, limited, declared, or contained, of or concerning the same), to the uses and

wo

[ocr errors]

effect an ex

ange.

CHANGE AND

ACT OF PARLIAMENT.

dule to be li.

FOR AN EX- in manner hereinafter mentioned or referred to; (that

ND is to say), AS to one undivided fourth part or share

thereof, to the use of the said A. B., her heirs and assigns; AND AS to one other undivided fourth part or share thereof, to the use of the said (trustees of settlement of F. E.], their heirs and assigns, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations in and by the said indenture of the day of —, [the settlement], expressed, declared, and contained of and concerning the undivided part or share, and premises therein comprised, or such of them as shall be subsisting or capable of taking effect; AND AS to one other undivided fourth part or share thereof, to the use of the said G. B., her heirs and assigns; AND As to the remaining undivided

fourth part or share, [to trustees of L. I.'s settlement, as Hereditaments before for F. E.]; That upon the said exchange, the said in second sche- hodin

de hereditaments mentioned and comprised in the said second mited to certain schedule hereunder written, or hereunto annexed, shall be other uses.

assured, limited, and settled, (freed and discharged of and from the dower or thirds and freebench of the said C. B., in or out of the same, and also freed and discharged of and from the trusts, intents, and purposes, powers, provisoes, agreements, and declarations in and by the said indentures of the day of — , and the day of — , respectively, (the marriage settlements], declared or contained of or concerning the said respective undivided parts or shares of the said F. E. and L. I. of and in the same premises) To the uses upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations, to, upon, for, with, under, and subject to which the said hereditaments mentioned and comprised in the said first schedule hereunder written, or hereunto annexed, now stand limited and settled under or by virtue of the said will of the said M. N.,

and the said indenture of release and settlement of the All parties to day of — ; That the said parties to these presents, apply for an act or their respective heirs or assigns, shall and will forthwith of parliament.

apply to parliament, and endeavour to obtain an act for

« PreviousContinue »