The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.

An Indenture of Partition betwixt Co-Heirs.

THis Indenture sexti-partite, made &c. between F: P: Co∣sin * 1.1 and one of the Co-heirs unto Dame D: B: That is to say. Son and Heir of E: P: deceased, and whilst she lived wife unto R: P: Esquire, and Daughter and one of the Co-heirs unto the said Dame D. of the first part, M: VV: of H. in the County of N: Widow, one other of the Daughters and Co-heirs unto the said Dame D. B. of the second part, VV: C: and M. his wife, Cosin and one other of the Co-heirs unto the said Dame D. B: that is to say, Daughter and sole Heir to M. C: deceased, one other of the daughters and Co-heirs of the same Dame D: B: of the third part, A. L: one other of the Daughters and Co-heirs of the same Dame D. of the fourth part, F. B. Gent. Cosin and one other of the Co-heirs unto the same Dame D: B. that is to say, Son and Heir of A, M. deceased, sometime wife to H. B. Esquire, one of the Daughters and Co-heirs of the said Dame D: of the fith part, and H. S. Esquire, and G. S Son and Heir apparant, and Cosin, and one other of the Co-heirs unto the said Dame D. that is to say, Son unto I. S. deceased, late wife unto the said H. S. and one other of the Daughters and Co-heirs whilst she lived, unto the said Dame D. B. on the sixt part, witnesseth, That whereas the said Dame D. B. was seised in her Demesne as of Fee-tail, that is to say, to her and to the Heirs of her body lawfully begotten, with the Remainder therof to her and to her Heirs, of and in the Mannor of B. D. and VV. with their appurtenan∣ces, in the County of L. and of the Mannor of B. with the appurte∣nances in the County of H: and of the Mannor of C. with the appur∣tenances, in the County of N. and of divers Lands Tenements and He∣reditaments, with the appurtenances, as well in the said County of L. H. and N. as also in the County of Y. the whole contents and par∣ticulars wherof, more plainly appeareth in these presents, by a division therof made in six parts, and the said Dame D. so being seised of the said Mannors Lands Tenements, and Hereditaments, with their appur∣tenances,

dyed therof seised, after whose death the said Mannors and other the Premisses, with all and singular their appurtenances, de∣scended to the said F: P. as Son and Heir unto the said E. one of the Daughters and Co-heirs of the said Dame D. and to the said M. VV. as one other of the Daughters and Co-heirs of the said Dame D. B. and to the said M. C. now wise unto the said W. C. as Daughter and sole Heir unto the said M. G. deceased, late wife of the said R. C. Esq; one other of the Daughters and Co-heirs of the said Dame D. and to the said A. L. as one other of the Daughters and Co-heirs, unto the said D. B, and to the said F. B. as Son and Heir unto the said A. M. de∣ceased, sometime wife of the said H. B. deceased, one other of the Daughters and Co-heirs of the said Dame D. B. and to the said I. S. deceased, late wife unto the said H. S. who had Issue between them the said G. S. as one other of the Daughters and Co-heirs of the said Dame D. B. by reason wherof the said F: P: M: VV: VV: C. and M: his wife, A: L. F. B. and H. S. stand and be seised of the Premisses undivided, that is to say, the said F. P. in his Demesne as of Fee-tail, and the said M. VV. in her Demesne as of Fee-tail, and the said VV. C. and M. his wife, in their Demesne as of Fee-tail, in the right of the said M. And the said A. L. in her Demesne as of Fee-tail, and the said F. B. in his Demesne as of Fee-tail, and the said H. S. as Tenant by the Curtesie of England, the Reversion therof in Fee-tail, to the said G: S: belonging and appertaining, the Remainder therof immediatly depending upon the said Estate in tail, to the said F. P. M. VV. VV. C. and M. his wife, as in the right of the said M. L. E. F. B. and G. S. in Copartinary be∣longing and appertaining. Be it now witnessed, that it is fully condes∣cended covenanted concluded and agreed between the said parties, to these Indentures of their mutuall assents consents and agreements, for an even partition to be had made and contained betwixt them, of the said Mannors and other the Premisses, in manner and form follow∣ing; That is to say, that the said F. P. shall from henceforth have and hold to him and to his Heirs of his body lawfully begotten, and for default of such Issue, the Remainder therof to the Heirs of the bo∣dy of the said E. his Mother, deceased, lawfully begotten, and for de∣fault of such Issue, the Remainder therof to the Heirs of the body of the said Dame D. B. and for default of such Issue, the Remainder ther∣of to the right Heirs of the said F. P. for ever, for his full part that to him belongeth and appertaineth of the Premisses, the said Mannor of C. in the said County of N. with all Edifices Buildings Dove houses Orchards Gardens Yards Easements Rents Services Courts-Leets Waifes Straies Cattels of Felons, and Fugitives, Liberties Priviledges Franchises Lands Tenements Meadows Pastures Woods Under-woods and Commons, with all and singular appurtenances, to the same ap∣pertaining and belonging, set lying and being in C. in the said County

of N. or elsewhere, within the Realm of Eng. to the said Mannor belonging, or being accepted, as part parcel or member therof, excep∣ted and alwaies reserved, one Messuage in C. aforesaid, with all Lands Tenements Meadows Leasues Pastures Woods and Under-woods, Commons and Feedings to the same belonging, or commonly letten, now or late in the tenure and occupation of one T. R. And one other Messuage there, with all Lands Tenements &c. now or late in the te∣nure of one G. H. & one other Messuage there, with all the Lands Te∣nements &c. and now or late in the tenure or occupation of one R. H. which said Messuages &c. now or late in the severall tenures and occu∣pations of the said T. G. and R. are hereafter by these presents for e∣quality of this present Partition, assigned and appointed to go with the Mannor of VV. after limited to the part of the said F. B. as by these presents it doth plainly appear.

And it is likewise condescended covenanted and agreed between the said parties to these Indentures, that the said M. VV. shall from hence∣forth have and hold to her and to her Heirs of her body lawfully be∣gotten, and for default of such Issue, the Remainder therof to the Heirs of the body of the said Dame D. lawfully begotten, and for default of such Issue, the Reversion therof to the right Heirs of the said M. VV. for her full part, that to her appertaineth of the Premisses, the said Mannor of B. in the said County of H. with all Edifices Buildings &c. and all other Profits Hereditaments and Commodities whatsoever they be, set &c. within the Towns Feilds and Parishes of B. O. &c. in the said County of H. or elsewhere, to the said Mannor belonging or appertaining, or heretofore known reputed taken or letten, as part parcel or member of the said Mannor of B. And one Messuage or Te∣nement &c. now or late in the Tenure or Occupation of E. M. or of his Assigns, and that the said E. VV. C. and M. his wife, shall from thenceforth have and hold to them, and to the Heirs of the body of the said M. and for default of such Issue, the Reversion therof to the Heirs of the body of the said Dame D. B. and for default of such Issue the Remainder therof to the right Heirs of the said M: as in the right of the said M. for their full part that to them appertaineth of the Pre∣misses, the said Mannor of D. in the said County of L. with all Edifi∣ces Buildings &c. & sic ut supra: And that the said A. shall from henceforth have and hold to her, and to the Heirs of the body of the said A. And for default of such Issue, the Remainder therof unto the Heirs of the body of the said Dame D. lawfully begotten, and for de∣fault of such Issue, the Remainder therof to the right Heirs of the said A. for ever, for her full part that to her pertaineth of the Premises, the one half of the said Mannor of B. with certain Rents Services &c. & sic ut supra: And that the said F. B. shall from henceforth have and hold to him and to his Heirs of his body lawfully begotten, and

for default of such Issue, to the Heirs of the body of the said A. Mo∣ther of the said F. B. lawfully begotten, and for default of such Issue, to the Heirs of the body of the said Dame D. B. lawfully begotten, and for default of such Issue, to the right heirs of the said F. for his full part that to him appertaineth of the Premises, the said Mannor of VV. &c. & sic ut supra: And the said H: S: shall from henceforth have and hold to him for term of his life as Tenant by the Curtesie of Eng. for his full part that to him appertaineth of the Premises, the other half of the said Mannor of B: in the said County of L. set forth in manner and form following; That is to say 16 d. &c. & sic ut supra, payable to the Owner for the time being, of the Mannor last afore∣said, and that after the decease of the said H: S: the said G: S: shall have and hold the said half of the said Mannor of B. and the said De∣mesne Lands and Tenements and other the Premises, as the same is set forth in manner and form afor••said, by the name of the Mannor of B, with the charge going out of the same as is aforesaid, to him and to the heirs of his body lawfully begotten, and for default of such Issue, the Remainder therof to the heirs of the body of the said J: S: his Mo∣ther lately deceased, lawfully begotten, and for default of such Issue, the Remainder therof to the heirs of the body of the said Dame D: B. lawfully begotten, and for default of such Issue, to the right heirs of the said G. S. for ever, for rhe ful and whole part and purparty that to him belongeth of the Premisses.

And the said F. P. for himself, and the heirs of his body lawfully begotten, and for default of such Issue for his right heirs, doth by these presents, according to the agreement aforesaid, accept and take, and also doth covenant and grant for him and the heirs of his body lawfully begotten, and for default of such Issue, for his right heirs to and with the residue of the said parties to these Indentures, and to and with the heirs of their bodies; And for default of such Issue, to and with the right heirs of every of them, to take from henceforth the said Mannor of C. with all & singular the Premises therunto belong••ng (except before excepted) in manner and form aforesaid, set forth and appointed to the said F. P. in full recompence, and for the full & whole part purpart, & that appertaineth or ought to appertain to the said F. to the heirs of his body lawfully begotten, and for default of such is∣sue, to the heirs of the body of the said E. deceased, Mother of the said F. lawfully begotten, and for default of such issue, to the heirs of the body of the said Dame D. lawfully begotten, and for default of such, to the right heirs of the said F. P. for ever, of in and to the Pre∣mises. The like Covenant for M. W. the like Covenant for S. VV. C. and M. his wife, the like Covenant for A▪ L: the like Covenant for F. B. and the like Covenant for H S.

And the said F. P. doth covenant and grant for him and the heirs of

his body lawfully begotten, and for default of such Issue of his right Heirs, to and with the residue of the said parties to these Indentures, and to and with the Heirs of their severall bodies, and for default of such Issue, to and with the right Heirs of every of them, that he the said F. P. and the Heirs of his body lawfully begotten, and his right Heirs, all times during the space of two years, next ensuing the date therof, shall do and suffer to be done, at the costs and charges in the Law, of the residue of the said parties to these Indentures, or of their Heirs, all such reasonable act and acts, thing and things, as shall be de∣vised or advised, by any of the residue of the said parties to these Inden∣tures, or any of their Heirs, or by any of their learned Councel, or by the learned Councel of any of them, for the further assurance and sure making of the Premisses, to be had and assured in division, to the resi∣due of the said parties to these Indentures, of such an Estate, and in like manner and form as before is declared and appointed, to the residue of the said parties to these Indentures.

The like Covenant for M. VV. S. W. C. and M. his wife A. L. F. B. and H. S.

In witnesse wherof to the one part of these Indentures remaining with the said F. D. P. the said M. W. W. C. and M. his wife, A. L. F. B. H. S. and G. have put their Seals, and to one other part of the said Inden∣tures, remaining with the said M. W. the said F. P. W. C. and M. his wife, A. L. F: B. H. S. and G. S. have put to their Seals, and to one other part of these Indentures, remaining with the said W. C. and M. his wife, the said F. P. M. W. A. L. F. T. H. S. and G. S. haue put to their Seals, and to one other part of these Indentures, remaining with the said A. L, the said F. P. M. W. W. C. and M. his wife, F. B. H. S. and G. S. have put to their Seals, and to one other part of these Indentures, re∣maining with the said F. B. the said F. P. M. VV. Sir W. C. and M. his wife A. L. H. S. and G: S: have put to their Seals, and to one other part of these Indentures, remaining with the said H: S: and G: S: the said F. P. M: W: W: C: and M: his wife, A. L. and F: B: have put to their Seals, given the day and year above written.

Notes

• * 1.1

  An. 1. Eliz.