PRECEDENTS.

An AGREEMENT for Partition between Jointtenants of Freehold Lands.

ARTICLES OF AGREEMENT, made and en

tered into this day of in the, &c. BETWEEN A. B. of, &c. of the one part, and C. D. of, &c. of the other part; WHEREAS under or by virtue of the last will, &c. [or as the case may be] the said A. B. and C. D. are seized to them and their heirs in equal shares and proportions, as joint-tenants, in possession, of certain messuages, lands and hereditaments, situate at, &c. AND WHEREAS the said A. B. and C. D. are desirous of making such partition thereof as hereinafter is particularly expressed or referred to; NOW THESE PRESENTS WITNESS, and each of them the said A. B. and C. D. doth for himself respectively, and for his respective heirs, executors and administrators, agree to and with the other of them, his heirs, executors and administrators, in manner following (that is to say) that the entirety of the said messuages, lands and hereditaments, situate at shall henceforth belong to and become the sole property of the said A. B. his heirs and assigns, and that the entirety of the said messuages, lands and tenements, si-, shall henceforth belong to and become the sole property of the said C. D. his heirs and

tuate at

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assigns; And also, that each of them the said A. B. and C. D. and his respective heirs and assigns shall and will, as soon as conveniently may be after the execution of these presents, make, do and execute, and join and concur in making, doing and executing, all such acts, deeds, conveyances, surrenders, assignments and assurances, as shall be requisite or proper, and as the other of them his heirs or assigns, or his or their respective counsel shall require, for parting, severing and dividing, in the manner aforesaid, the several messuages, lands and hereditaments so devised to them the said A. B. and C. D. by the hereinbefore in part recited will, as aforesaid; and for conveying and assuring the said messuages and hereditaments, at

-, in severalty unto the said A. B. his heirs and assigns, or otherwise as he or they shall direct or appoint, and for conveying, and assuring the said messuages and hereditaments, at in severalty unto the said C. D. his heirs and assigns, or otherwise as he or they shall direct or appoint; And further, that it shall be referred to -, of, &c. to settle

the equivalent in money, or otherwise, which ought to be paid or given by either of the said parties, his heirs or assigns, to the other of them, his heirs or assigns, by way of compensation for equality of partition; and that the said parties shall and will stand to and abide by the judgment and determination of the said in the premises; And lastly, that the costs and expences of the said conveyances and assurances, to be made as aforesaid, shall be borne and paid by the person or persons to whom, or in whose favour, the same shall be made and executed; and that all other costs and expences attending the said partition shall be borne equally between the said parties. IN WITNESS, &c.

Recital of seisin.

for partition.

A CONVEYANCE by way of Partition, of Freehold Lands, by Coparceners, Joint-tenants, or Tenants in Common.

THIS INDENTURE made, &c. BETWEEN A. B. of, &c. of the first part, C. D. of, &c. of the second part, and E. F. [the trustee] of the third part, WHEREAS the said A. B. and C. D. are, under or by virtue of, &c. seised to them and their heirs in equal shares and proportions, as [joint-tenants] in possession of and in the several messuages, lands and hereditaments, particularly mentioned and described in the first and second schedules hereunder written or hereunto annexed, and hereby released or otherwise Agreement assured, or intended so to be; AND WHEREAS the said A. B. and C. D. have agreed to make partition of the messuages, lands and hereditaments of which they are so seised as aforesaid, upon the terms, and in the manner following, (that is to say,) that the said A. B. shall have and enjoy to him and his heirs, as and for his part, share, or allotment thereof, the several messuages, lands and hereditaments particularly mentioned and described in the first schedule hereunder written, or hereunto annexed, and which said messuages, lands and hereditaments, or the sites or ground plot thereof, are set forth or delineated in the map or plan drawn in the margin of these presents, and are therein distinguished by being coloured red; and that the said C. D. shall have and enjoy to him and his heirs, as and for his part share or allotment of the said messuages, lands and hereditaments of which the said A. B. and C. D. are so seised as aforesaid, the several messuages, lands and hereditaments particularly mentioned and described in the second schedule hereunder written, or hereunto annexed, and which said last mentioned messuages, lands and hereditaments, or

The co-teand release. nants' grant

the sites or ground plot thereof, are also set forth or delineated in the said map or plan, and are therein distinguished by being coloured blue; and, inasmuch as the said part, share or allotment of the said A. B. is computed to exceed in value that of the said C. D., by the sum of £, it hath been further agreed between them, that the said A. B. shall pay to the said C. D. the said sum of £- by way, or in the nature of a price for equality of partition. Now THIS IN- Witness, DENTURE WITNESSETH, that for the purpose of carrying the said agreement into effect, and in consideration of the sum of £, of lawful money current in Great Britain, to the said C. D. well and truly paid by the said A. B., immediately before the execution of these presents, by way or in the nature of a price for equality of partition, as aforesaid; The receipt whereof the said C. D. doth hereby acknowledge, and of and from the same doth hereby for ever acquit, release and discharge the said A. B. his heirs, executors, administrators and assigns, and every of them, and also the said part, share, or allotment of the said A. B. And also in consideration of ten shillings of, &c. to each of them the said A. B. and C. D. at the same time well and truly paid by the said E. F. The receipt whereof is hereby acknowledged; they the said A. B. and C. D. (according to their respective estates, shares and interests) Have and each of them Hath granted, bargained, sold, aliened, released and confirmed, and by these presents Do, and each of of them Doth grant, bargain, sell, alien, release and confirm, unto the said E. F. his heirs and assigns for ever, (in the actual possession of the said E. F. now being, by virtue of a bargain and sale thereof made to him, by the said A. B. and C. D. in consideration of ten shillings paid to each of them, by indenture bearing date on the day next before the day of the date of these presents, for one whole year, to be computed from the day next before the day of the date of the

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Parcels.

General words.

same indenture of bargain and sale, and by force of the statute made for transferring uses into possession,) ALL those the several messuages, lands and hereditaments, particularly mentioned and described in and by the first and second schedules respectively hereunder written or hereunto annexed, And all houses, outhouses, edifices, buildings, barns, stables, yards, gardens, orchards, closes of land, meadow and pasture, feedings, woods, underwoods, and the ground and soil thereof, commons, and commonable rights, hedges, ditches, fences, mounds, ways, paths, waters, watercourses, liberties, privileges, easements, profits, commodities, advantages, and emoluments whatsoever, to the said messuages, lands and hereditaments, hereby released or otherwise assured or intended so to be, or any of them, respectively belonging or in anywise appertaining, or accepted, reputed, known, held, or enjoyed, as part, parcel, or member of the same, or any of them respectively; And the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits, of all and singular the said messuages, lands and hereditaments, and every of them respectively; And all the estate, right, title, interest, use, trust, property, possession, claim, and demand whatsoever, both at law and in equity, or otherwise, howsoever, of them the said A. B. and C. D. and each of them, of, in, to, out of, or upon, the same messuages, lands and hereditaments, and every of them, or any part thereof, TO HAVE AND TO HOLD the said messuages, lands and the trustee. hereditaments, and all and singular other the premises hereby released, or otherwise assured, or intended so to be, and every part thereof, with their and every of their rights, members and appurtenances, unto the said E. F. his heirs and assigns for ever, nevertheless To the Uses hereinafter limited and expressed of and As to part concerning the same respectively, (that is to say), As mises to the to, for and concerning all such and so many and such use of A. B. part or parts of the same messuages, lands and heredi

To hold to

of the pre