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Na. LXVIL

Parties.

Agreement to

Testatum.

Part of the premises to beice

No. LXVIII.

Agreement between two Joint-Tenants of Freeholds or

Copy holds to make Partition.

Articles &c. see ante, No. XLVI.) Betn A. B. of &c. of the one pt and C. D. of &c. of the or. pt. Whereas under or by virtue of the last will &c. (or as the case may be) the sd A. B. and C. D. Recitalofsein, are seised to them and their hrs in equal shares and proportions as joint-tenants in possession of certain messes lds and heredts situate at &c. And whereas the sd A. B. and C. D. are desirous make partition of making such partition thof as is hinaftr parlarly expssd Now these presents witness and each of them the sd A. B. and C. D. doth for himself resply and for his respive hrs exs and ads agree with the or. of them his hrs &c. in manner following that is to say (a) That the messes &c. situate at &c. shall henceforth become the sole property of the sd A. B. his hrs and ass and the &c. of the sd C. D. &c. And that it shall be referred to (arbitrator) of &c. to settle the equivalent in money or orwise by way of compensation for equality of partition And that the sd pties will stand and abide by the judgment of the sd (arbitrator) And also that each of them the sd A. B. and C. D. shall lity of partition. and will join and concur (b) in making and doing all such acts deeds conveys and assurs as the or. of them his hrs or ass or his or their counsel shall think necessary for parting and severing the sevl messes lds and heredts so devised to them the sd A. B. Parties to exe and C. D. and for conveyg the sd messes Ids and heredts situate at &c. in sevlty unto the sd A. B. his hrs and ass and the sevl messes lds and heredts situate at &c. in sevlty unto the sd C. D.

to the one, and part to the other.

Arbitrator to

determine equa

cute mutual

conveyances.

Partition made

by commission

ers or their umpire.

(a) If the partition is to be made by commissioners, instead of this and the subsequent clause, say "That a partition and division of all and singular the sd messes lds and heredts into two separate allotments as nearly as may be shall be made by (one commissioner) of &c. a commr nominated by and on behalf of the sd A. B. and (other commissioner) of &c. a commr nominated by and on behalf of the said C. D. or by the umpire to be chosen by them And that the said (C.) or their umpire shall apportion each of the allotments in severalty to the sd A. B. and C. D. and decide what sum of money shall be pd for equality of partition &c. And also that each of them the sd A. B. and C. D. shall and will join" &c. (See above.)

(b) If the lands be copyhold, say "By the licence of the lord or lady for the time being of the sd manor." See Obs. 2.

Partition,

his hrs and ass And lastly that the costs (a) and exps of the No. LXVIII. sd conveys and assurs shall be borne and pd by the psn or psns (Joint-Tenants.) in whose favour the same shall be made and extd and that all or. costs and exps attending the sd partition shall be borne equally betn the sd pties. In witness &c. see ante, No. XLVI.

Costs.

No. LXIX.

Agreement between two Joint-Tenants to hold in severalty. Articles &c. (see No. XLVI.) Betn I. D. of &c. of the one pt and C. D. of &c. of the or. pt Whas the sd I. D. and C. D. have for many yrs exercised and carried on in coptnship the trade of

No. LXIX. Partition, (Severalty.)

Recital of copartnership.

and as such ptnrs have at different times purchased and acquired the sevl freehd and leasehd estes mentd or referred to in the sd schedule hereunder written or hereunto annexed marked with the letters A. B. and the same have been purchased and acquired by and out of the capital or stock in trade on acct of the sd coptnship or jt trade and they are beneficially intitled to the same estes in equal shares and proportions And whas the That the parties said ptners are desirous of making an equal division of the sd have made a difreehd and leasehd preses betn themselves and for that purpe have proceeded to make a valuation thof and having fully considered the nature and tenure of the different estes comprised in the two schedules and the value thof have mutually and finally determined and agrd that the estes mentd and referred to in the sd schedule marked with the letter A. shall from the

of

day

vision.

now and ensuing be considered as the sole and exclusive este and property of and shall henceforth be held in sevlty by the sd I. D. and that the estes mentd in the schedule marked with the letter B. shall be considered as the sole and exclusive este and property of and be held in sevlty by the said C. D. Now these presents witness That in pursuance of the sd agrt Testatum. and for giving effect to the same and in conson of the agrt hinaftr contd on the pt of the sd C. D. he the sd I. D. doth I. D. covenants to convey and hereby for himself his hrs exs and ads agree with the said C. D. assure to C. D. his share; his hrs exs and ads &c. in manner following that is to say

(a) As to the costs, see sect. 4.

No. LXIX.

Partition, (Severalty.)

and in the mean time for quiet enjoyment.

That he the sd I. D. and evy person claiming and to claim by from through or under him or them shall and will from time to time and at all times hraftr at the rease request and at the costs and chas of the sd C. D. his hrs exs or ads make do and exte all such acts matters and things assignts conveys and assurs in the law as shall be requisite and necessary for assigning conveying and assuring the sevl freehd and leasehd heredts referred to in the schedule marked with the letter B. and all the este right title and int of him the sd I. D. into and out of the same unto and to the use of the sd C. D. his hrs exs and ass according to the respive nature and tenure thof as he or they shall direct or appt so that for the making or doing such assurances the sd I. D. be not compelled or compellable to go or travel from the place of his usual residence or abode And furr That in the meantime and until such conveys assigts and assurs shall be made or exted as afd it shall be lful for the sd C. D. his hrs exs ads and ass from time to time and at all times hereafter according to the respive tenures thof peaceably and quietly to have hold occupy possess and enjoy the sevl freehd and leasehd estes specified in schedule B. and to rece and take the rents issues and profts thof from the day of 18 for his and their own exclusive use and bent without any let hinderance or interruption of from or by the sd I. D. his hrs exs ads and ass or any or. psn or psns claiming or to claim by from through or under him them or any of them And these prsts furr witness That in conson of the agrt hinbefe contd on the pt of the sd C. D. covenants I. D. he the sd C. D. doth hby for himself &c. covt &c. with and to the sd I. D. &c. in manner &c. that he the said C. D. and evy psn &c. at the rease request and at the cost and chas of the sd I. D. &c. make do &c. for conveying assigning and assuring the sevl freehd and leasehd heredts mentd and referred to in schedule A. and all the este &c. of him the sd C. D. into &c. unto and to the use of the sd I. D. &c. so that for the making &c. the sd C. D. &c. And furr &c. it shall be lful for the sd I. D. &c. without any let &c. of or from the sd C. D. &c. In witness &c. see ante, No. XLVI.

Further testatum;

to convey to 1.D.

No. LXX.

Agreement between Parties intitled under a Will to make equal

Distribution.

Obs. Agreements of this kind, whether made in the lifetime of the testator or after his death, are binding on the parties, and will be supported in equity, unless the devisee is restrained by the terms of the will from alienating the estate devised to him, Wethered v. Wethered, 2 Sim. 183; recognizing Beckley v. Newland, 2 P. Wms. 182; Hobson v. Trevor, ib. 291; Harwood v. Tooke, 1 Madd. Chan. Pract. cited 2 Sim. 192.

day of

This Indre of five pts made between A. B. of &c. of the first pt, C. D. of &c. of the second pt, E. F. of &c. of the third pt, G. H. of &c. of the fourth pt, I. K. of &c. of the fifth pt. Whas (a) (testator) by his last will and testament duly made and extd and bearing date did give and bequeath all and singular his goods, chattels, debts, mos and all or. the prsl este and effects of him the sd (testator) unto the sd (parties) in the sevl shares and proportions therein mentioned And whas doubts have arisen as to the intentions of the sd (testutor) as expssd in the sd will, and the sd (parties) parties hereto are desirous of preventing all differences and questions which might arise in regard thereto Now this Indre witnesseth, and it is hby decld and agrd by and betn the pties to these presents that all and singular the goods chattels debts mos and all or. the psl este and effects of the sd (testator) shall be divided betn them resply and their respive (b) exs and ads in equal shares and proportions share and share alike, notwithstanding the sd will or or. testamentary writing of him the sd (testator) bequeathing the same to them in a different manner [or, as if the

(a) If the agreement be made in the lifetime of the testator recite "Whas (testator) stands seised and possessed of divers freehd and copyhd estes and also a conse psl este which the sd (pties) expect to be given, devised or bequeathed to them, and in case he die intestate, then the sd (plies) or one of them, by descent, by the Statute of Distribution, or by surrender or the custom of the manor, or by some or. ways or means, would become intitled to such freehd and copyhd estes and the psl este as afd.”

(b) If there be any real este say "hrs exs &c."

No. LXX.

Partition, (Distribution.)

Partition,

No. LXX. sd (testator) had died intestate] (a). And further each of them (Distribution.) the sd (ptics) sevlly for himself and herself and his and her respive hrs exs ads and ass and for and concerning only the acts deeds and defts of himself and herself resply and his or her respive (hrs) exs &c. covt and declare to and with each of the ors, of them sevlly and his or her (hrs) exs &c. that they the sd &c. resply and their respive (hrs) exs &c. shall and will from time to time (b) when and as often as they resply shall be thereunto required by any or. or ors. of them his, her, or their (hrs) exs &c. and witht any recompence or conson for the same, but at the costs and chas of the psn by whom such request shall be made, do and exte all such acts deeds and assnmts in the law whatsr for effectuating sd agrt and more fully and completely confirming the same as their respive counsel shall reasbly advise or require.

In witness &c. see ante, No. XLVI.

Agent when authorized by writing and when not.

AGREEMENTS BETWEEN PRINCIPAL AND AGENT.

1. Agent when authorized by Writing,
and when not.

When by Deed or otherwise.

2. Agent must act in the Name of
Principal.

3. Principal bound by Acts of Agent.
4. Agent not to exceed his Authority.
5. Agent not answerable for Losses.

6. Credit when to be given to Agent. 7. Agent cannot bind Principal for his own Debt.

8. Duration of Contract.

9. Compound Interest allowed to Agents.

10. Agents not Partners.

SECT. 1. By the Statute of Frauds, 29 Car. 2, c. 1, ss. 1, 3, relating to leases, &c., an agent must be authorized by writing to sign any agreement, but by the fourth section an agent may be authorized by

(a) If it be so agreed in the lifetime of the testator say "And further that all property which shall be given at any time or times hftr to any or either of them the sd (parties) shall for all the purps of this agrt be deemed to be the property of the sd (testator) to be so divided as afd and the same or the value thof shall be brt into hotchpot and accted for accding to this agrt."

(b) If the agreement be made in the lifetime of the testator say "After the dece of the sd (testator)." An agreement of this kind cannot be carried into effect until the death of the testator, and therefore a party is not guilty of laches who waits until then, before he asserts his right, Wethered v. Wethered, ub. sup. see Observation.

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