FOR AN EXCHANGE AND ACT OF PARLIAMENT. in first schedule to be charged with an annuity in lieu of dower. confirming and ratifying this present agreement, and for effectuating the said intended exchange; THAT the said hereditaments mentioned and comprised in the said first schedule hereunder written, or hereunto annexed, shall be Hereditaments charged with the payment of an annuity or yearly rentcharge of £—, to the said C. B. and her assigns, during her life, by equal half-yearly payments on the day of and day of in lieu of and in satisfaction for her dower or thirds, and freebench in or out of the said hereditaments comprised in the said second schedule hereunder written, or hereunto annexed, and the first halfyearly payment of the same annuity or yearly rent-charge, to be made on such of the said half-yearly days of payment as shall happen next after the said exchange shall be effected, if the said C. B. shall then be living; THAT all the costs, charges, and expenses of this present agreement, and Costs to be paid in stated proof the said intended act of parliament, and all other costs, charges, and expenses incurred or to be incurred for effectuating the said exchange, or in relation thereto, shall be paid and borne by the said parties to these presents, in the proportions following; (that is to say), one equal fourth part thereof by the said A. B., one other equal fourth part thereof by the said D. E. and F. E., one other equal fourth part thereof by the said G. B., and the remaining equal fourth part thereof by the said H. I. and L. I. IN WITNESS &c. FIRST SCHEDULE above referred to, or referred to in the annexed agreement. SECOND SCHEDULE above referred to, or referred to in the annexed agreement. portions. FOR A PARTITION. Parties. Recites death and seisin of ancestor, -leaving three daughters, coheirs at law, IX. AGREEMENT for a PARTITION of FREEHOLDS and COPYHOLDS by THREE COMMISSIONERS. THIS INDENTURE made &c., BETWEEN A. B., of &c., spinster, of the first part; C. B., of &c., spinster, of the second part; and D. B., of &c., spinster, of the third part: WHEREAS E. B., late of &c., being at the time of his death seised or entitled of or to several freehold messuages, lands, tenements, and other hereditaments, for an estate of inheritance, in fee-simple, and being legally or equitably seised or entitled of or to several copyhold or customary messuages, lands, tenements, and other hereditaments, for an estate of inheritance to him and his heirs according to the customs of the several manors of which the same are respectively holden, died on or about the 9th day of May, 1830, intestate, leaving the said A. B., C. B., and D. B., his daughters and coheirsat-law, and also his coheirs according to the customs of the several manors of which the said copyhold or customary he—that daugh- reditaments are respectively holden; AND WHEREAS the said A. B., C. B., and D. B., are desirous of entering into such agreement as is hereinafter contained for making partition between them of the said freehold and copyhold hereditaments: NOW THIS INDENTURE WITNESSETH that for effectuating the said desire, it is hereby agreed and declared, and each of them the said A. B., C. B., and D. B., doth for herself, her heirs, executors, and administrators, (but so far only as the covenants hereinafter contained are to be observed or performed by her, her heirs, executors, or administrators), hereby covenant with the others, and each of the others of them, their and each of their heirs, that E. F., of &c., G. H., of &c., persons named and I. H., of &c., shall be commissioners or arbitrators, for ters desire to enter into agreement for partition. Witnesseth agreement, -that three shall be com the purpose of making a partition of the said hereditaments, FOR A PARTITION. That commis sioners shall make a survey and maps, &c. in manner hereinafter mentioned; (that is to say), THAT missioners to the said E. F., G. H., and I. K., shall, as soon as con- make a partiveniently may be after the date and execution of these tion. articles, make, or cause to be made, a proper and correct survey of all and singular the freehold and copyhold hereditaments of or to which the said E. B. died seised or entitled as aforesaid, and shall, from or by means of such survey, prepare, or cause to be prepared, a correct map or plan, or correct maps and plans, and full and particular schedules or other statements or accounts of the said hereditaments, including a statement of the different natures and tenures of the several messuages, closes, or parcels of land, and the quantities which, by admeasurement, they severally stand upon or contain, and including, also, an account of the several yearly or other sums for which the several messuages, farms, and lands are let, and of the estimated annual value of such of them (if any) as are or shall be in hand, and of the several outgoings from the same respectively, and also an account of all other particulars and circumstances which, in the judgment of the said E. F., G. H., and I. K., shall be necessary or useful in estimating the value of the said several hereditaments; THAT the said E. F., G. H., and I. K., shall, immediately after the said survey, maps, and plans, and schedules or accounts shall have been made and completed, make a full and fair valuation of all the said hereditaments, including the value of the timber standing thereon, and forthwith divide, set out, and apportion the whole of the said hereditaments into three parts or portions, in such manner as that each of the said parts or portions may conveniently be held in severalty, and as a separate estate, and may, in the estimation of the said E. F., G. H., and I. K., be of as nearly equal value as possible; THAT if, in the estimation of the said E. F., G. H., and I. K., any one of the said parts or portions shall be of unequal value with the other two, or the whole of the said parts or portions shall be of unequal value, then it shall be lawful for the said E. F., G. H., and I. K., and they are hereby required to direct, that a gross sum or and valuation and apportionment of lots. That commissioners may direct money to be paid for equality of par tition. FOR A PARTITION. That the lots apportioned shall be appropriated to the respective coparceners. of lots is to be made within a given time. sums of money shall be paid for equality of partition, by the person or persons who shall become entitled to the portion or portions of smaller value, to the persons or person who shall become entitled to the portion or portions of greater value, such sum or sums of money to be of such amount, (not exceeding, in the whole, the sum of £- -), and to be paid by and to such persons as shall, in the estimation of the said E. F., G. H., and I. K., render the partition intended to be made fair and equal; THAT when the said parts or portions shall have been apportioned and set out as aforesaid, and the sum or sums of money (if any) to be paid for equality of partition shall have been determined, the said several parts or portions shall be appropriated to the said A. B., C. B., and D. B. respectively, as they shall respectively select the same, according to an order and priority, to be determined by their drawing lots, in such manner and subject to such regulations as the said That the choice E. F., G. H., and I. K., shall appoint; THAT such one of them the said A. B., C. B., and D. B., as shall, by lot as aforesaid, obtain the privilege of the first choice, shall, by writing under her hand, within a time to be specified by the said E. F., G. H., and I. K., signify to them the said E. F., G. H., and I. K., which of the said portions she shall choose, and such one of them, the said A. B., C. B., and D. B., as shall, in like manner, obtain the privilege of the second choice, shall, by writing under her hand, within a further time to be specified as aforesaid, signify to them the said E. F., G. H., and I. K., which of the said two remaining portions she shall choose; and the said two portions so chosen respectively shall thenceforth be appropriated and belong, in severalty, to the persons respectively by whom they shall have been respectively chosen, and the remaining portion shall thenceforth be appropriated and belong, in severalty, to such one of them the said A. B., C. B., and D. B., as shall not have had the privilege of either the first or second choice; THAT as soon as conveniently may be, after the said several portions shall have been appropriated as aforesaid, they the said A. B., C. B., and D. B., and all other necessary parties (if any) shall join That proper conveyances shall be executed. FOR A PARTITION. That the equabe paid before lity money shall the execution of the conveyances. That covenants for title shall be entered into. in conveying, surrendering, and assuring the entirety of the said freehold and copyhold hereditaments, with their appurtenances, to such uses and in such manner as shall effectually vest the entireties of the said several portions in the person to whom they shall have been respectively appropriated, so that such several portions may thenceforth be held and enjoyed, in severalty, by the person to whom they shall have been respectively appropriated; THAT, at or immediately before the execution of such conveyances, surrenders, and assurances as aforesaid, the sum or sums of money (if any) which shall be payable for equality of partition, shall be paid by and to the person by and to whom the same shall be respectively payable; and until the same shall be paid, they shall be and remain charged on the respective portions, by the respective owners of which they ought to be paid; THAT the said A. B., C. B., and D. B., shall enter into such covenants for title as are usual in conveyances on sales; and shall do all such other acts and deeds as shall be needful for effectuating the partition as aforesaid; THAT such one of them, the said A. B., C. B., and Provision for D. B., as shall obtain the privilege of the first choice in manner aforesaid, shall be entitled to the custody of all such of the muniments of title as relate to more than one of the said portions, or to any part or parts of more than one of the said portions, and shall enter into the usual covenants with the owners of the remainder of the hereditaments to which such muniments relate, for the production and furnishing copies of the said muniments; THAT a part of these of agreement presents shall be retained by each of them the said A. B., tition. C. B., and D. B.; and that three parts of the principal deed of conveyance or partition, with all necessary maps, plans, and schedules thereunto annexed, shall be prepared and be executed by all parties; and that each of them the said A. B., C. B., and D. B., shall be entitled to retain one of the said parts; THAT the costs, charges, and expenses of preparing these presents, and making three parts thereof as aforesaid, and of the execution thereof, and of making the surveys, maps, plans, schedules, accounts, statements, and valuation aforesaid, and of allotting and appropriating the deeds, and deed of par Costs to be paid |