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No. 64.-Mortgage on Lease, with Covenant to
Insure. This Indenture, made the seventh day of November, in the year one thousand eight hundred and fifty, between John Doe, of the city of New York, in the county of New York, and state of New York, and RICHARD Roe, of the same place, parties of the first part, and John Smith, of the village of Williamsburgh, in the county of Kings, and state of Nero York, of the second part :
Whereas, John Jones did, by a certain indenture of lease, bearing date the first day of August, in the year one thousand eight hundred and fifty, demise, lease, and to farm let, unto the said parties of the first part, and to their executors, administrators, and assigns, all and singular the premises hereinafter mentioned and described, together with their appurtenances: To have and to hold the same unto the said parties of the first part, and to their executors, administrators, and assigns, for and during and until the full end and term of twenty-one years, from the first day of August last, and fully to be complete and ended, yielding and paying therefor unto the said John Jones, and to his heirs, executors, administrators, or assigns, the yearly rent or sum of one hundred dollars : and whereas, the said parties of the first part are justly indebted to the said party of the second part, in the sum of five hundred dollars, lawful money of the United States, secured to be paid by their certain bond or obligation bearing even date with these presents, in the penal sum of one thousand dollars, lawful money as aforesaid, conditioned for the payment of the first-mentioned sum of five hundred dollars, as by the said bond or obligation and the condition thereof, reference being thereunto had, may more fully appear:
Now this Indenture wituesseth, that the said parties of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain,
sell, assign, transfer, and set over, unto the said party of the second part, all that certain piece, parcel, or lot of land, situate in the city of New York, in the county of New York, and state of New York, and which is known and described as follows, namely (here describe the lanıl], together with all and singular the edifices, buildings, rights, members, privileges, and
appurtenances, therennto belonging or in any wise appertaining : and also all the estate, right, title, interest, term of years yet to come and unexpired, property, possession, elaim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the said demised premises, and every part and parcel thereof, wiih the appurtenances : and also ihe said 'inelenture of Jease, and every clause, article, and condition, therein expressed and contained. To have and to hold the said indenture of lease, and other hereby granted premises, unto the said party of the second part, his executors, administrators, and assigns, •to his and their only proper use, benefit, and behoof, for and during all the rest, residue, and remainder, of the said term of years yet to come and unexpired: subject, nevertheless, to the rents, covenants, conditions, and provisions, in the said indenture of lease mentioned : Provided ALWAYS, and these presents are upon this express condition, that if the said parties of the first part shall well and truly pay unto the said party of the second part the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then and from thenceforth these presents, and the estate hereby granted, shall cease, determine, and be utterly null and void, anything herein before contained to the contrary in any wise notwithstanding.
And the said parties of the first part do hereby covenant, grant, promise, and agree to and with the said party of the second part, that they shall well and truly pay unto the said party of the second part, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, according to the condition of the said bond or obligation; and that the said premises hereby conveyed now are free and clear of all encumbrances whatsoever, and that they have good right and lawful authority to convey the same in manner and form hereby conveyed: and if default shall be made in the payment of the said sum of money above mentioned, or in the interest
which shall accrue thereon, or of any part of either, that then and from thenceforth it shall be lawful for the said party of the second part, and his assigns, to sell, transfer, and set over, all the rest, residue, and remainder, of the said term of years then yet to come, and all other the right, title, and interest, of the said parties of the first part, of, in, and to the same, at public auction : and as the attorney of the said parties of the first part, for that purpose by these presents duly authorized, . constituted, and appointed, to make, seal, execute, and deliver to the purchaser or purchasers thereof, a good and sufficient assignment, transfer, or other conveyance in the law, for the same premises, with the appurtenances; and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the cost and charges of advertisement and sale of the same premises, rendering the overplus of the purchase money (if any there shall be) unto the said parties of the first part, or their assigns; which sale, so to be made, shall be a perpetual bar, both in law and equity, against the said parties of the first part, and against all persons claiming or to claim the premises, or any part thereof, by, from, or under them, or any of them.
(And it is also agreed by and between the parties to these presents, that the said parties of the first part shall and will keep the buildings erected and to be erected upon the lands above conveyed, insured against loss and damage by fire, by insurers, and in an amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand, with interest, at the rate of seven per ceut. per annum.]*
In witness whereof, the parties of the first part to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered in the presence of
JOHN DOE (seal).
RICHARD ROE (seal).
* This clause can be omitted when not required.
Dower is the interest which the law allows a wife in the lands of her husband, in the event of her surviving him. It is generally the right to have the one third part in value of the lands of her husband set off to her for her use during her natural life, but which she can not dispose of for a longer period than her life. The rights of the wife in personal property depend on the statute regulations of the states.
If the husband by his will devise a legacy to her in lieu of her dower, she has the right to choose which she will take, the dower or the legacy.
In case of an exchange of lands, the widow must elect whether she will take her dower in the lands given in exchange or in those taken in exchange.
An assignment of dower is a conveyance, by the heirs, of a certain
part of the lands to the widow for life, in lieu and satisfaction of her dower interest in the whole.
Never take a conveyance of real estate from a married man without seeing that his wife joins in the conveyance, and properly acknowledges it, according to the laws of your state, before the
officer. If she be not twenty-one years of age, she can not bar her right of dower, in which case it will be of no use for her to join in the conveyance.
As to acknowledgments by the husband and wife, see the respective states.
A female wishing to secure the property she may possess, so as to enjoy the benefit of it after marriage, free from the control and liabilities of her husband, can effect her purpose by conveying it to a third person in trust for her benefit.
If a husband wishes to convey property to a wife, he can do so by conveying to some friend in trust for her benefit. Such a conveyance would be set aside on the application of creditors whose rights were prejudiced by it, but they will secure the property to the wife against everybody else.
No. 65.--Assignment of Dower. This Indentare, made the thirtieth day of November, in the year one thousand eight hundred and fifty, between JOIN Doe, of the town of Morristown, in the county of Morris, and state of New Jersey, and Richard Doe, of the town of Rahway, in the county of Essex, and state of Neu Jersey, sole heirs of WillIAM Doe, late of Morristown aforesaid, now deceased, parties of the first part, and Susan Due, of Morristovon aforesaid, widow and relict of the said William Doe, deceased, of the other part:
Whereas, the said William Doe was seized at the time of his decease in fee simple of certain lands and tenements, which,
upon his decease aforesaid, descended to the said John DoE and RICHARD Doe, his sole heirs at law
Now this Indenture witnesseth, that the said John Doe and Richard Doe have set off and assigned, and by these presents do set off and assign, unto the said Susan Doe, all that, &c. (here describe the premises assigned] : Co have and to hold the same, with all the tenements and appurtenances thereunto belonging, unto the said Susan Doe, for and during the term of her natural life, as and for her dower, and in lieu of and full satisfaction of all her dower and claim of dower, in the lands of which the said William Doe died seized.
And the said Susan Doe hereby signifies her acceptance of the premises so set off and assigned to her, as and for her dower and in full satisfaction of all her dower and claim of dower in the lands whereof the said William Doe, her late husband, died seized.
In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year
first above written. Signed, sealed, and deliv
JOHN DOE seal). ered, in presence of
RICHARD DOE (seal).
SUSAN DOE (seald.