ASSIGNMENTS. 157 Execu And when and as soon as all such sums of money shall Assignment of Dower. Obs. 1. A woman, although legally entitled to her dower at common law, cannot enter upon her part until it has been regularly assigned to her by the sheriff, under the king's writ, or by the heir or the tenant of the freehold. Co. Litt. 34, b. 2. As to the stamp, see Pref. § 4. Stamp. simple. This Indenture, &c. Betn (heir) of, &c. heir at law Assignment of an Executorship and Indemnity of the In Obs. 1. An executorship being an office of trust, is not assign able (see Pref. § 2) otherwise than in the qualified manner of the following precedent, which has been taken with some variations from Wood's Conveyancing. 2. As to the stamp, see Pref. § 4. This Indre made, &c. Betn (heir) son and hr and also residuary legatee under the will of A B late of, &c. decd of the one pt and (executor) of, &c. executor of the last will and testmt of the sd A B Whas (recite will and death of testator and probate) And whas the sd (E) hath by and with the privity and consent of the sd (H) pd and discharged the funeral exps and divers debts and legacies of the sd A B which are mentd in the schedule Р Recital. Payment of Testatum. Execu- hereunto annexed and hath delivered all dischas and torship. acquittances which were made and given to him the sd (E) for the sevl sums of money so pd as the sd (H) Agreement doth hby acknge And whas it hath been agrd betn to assign. the sd (H) and the sd (E) that the sd (H)-shall from henceforth take upon him the paymt of all such legacies and sums of money as yet remain paye by force of the sd last will and that the sd (E) shall for that purpose assign unto the sd (H) all such goods chattels and or. things as the sd (E) hath or is entitled to as executor of the same will in such manner as is hnaftr expssd And the sd (H) hath agrd to make such lease and demise to the sd (E) as is hnaftr contd to the intent thby to indemnify him the sd (E) Now this Indre Witnesseth That in conson of the preses He the sd (E) Hath granted, &c. unto the sd (H) All those the sd letters of administration and probate of the will of the sd A B decd and all the goods chattels debts secties for debts and or. things which the sd (E) hath or is entitled unto as executor of the last will and testmt of the sd A B decd the rect of which sd leases, &c. the sd (H) doth hby acknge To Have Hold rece and take the same and evy of them and all the right title and int of him the sd (E) therein and thereunto and all and singr or. the preses hby assd unto the sd (H) his exs, &c. in as large ample and beneficial a manner as he the sd (E) might have held recd and taken the same by virtue of the sd will And the sd (E) doth hby give unto the sd (H) his exs, &c. full power and authy in the name or names of the sd (E) his exs, &c. but at the costs and chas of the sd (H) his exs, &c. and to and for his and their own use and bent to demand rece sue for and recover all debts and all or, the sums of money due and owing to the este of the sd A B decd and all and evy the bonds mitges secties terms ints and estes concerning or relating to the same which do or shall belong unto the sd (E) as executor of the sd will of the sd AB decd And the sd (E) for himself, &c. doth covt, &c. with the sd (H) his exs, &c. that he the sd (E) his, &c. hath not at any time heretofore made done or suffered and shall not nor will at any time or times hraftr make do or suffer any act matter or thing whby any of the debts or sums now due and owing to the sd A B decd can or may be reld Further as discharged or orwise And also that he shall and will at all times hraftr at the rease request costs and chas of the sd (H) do any furr acts deeds matters and things for the furr or better empowering and enabling the sd (H) his exs, &c. in the name or names of the sd (E) his exs, &c. to demand rece and recover all debts and Power of attorney. No act to incumber. surance. Furni ture. heir. cesser of sums of money due and owing to the este of the sd A B decd And the sd (H) in conson of the preses doth hby acknge and declare that all the sd (E) hath done or acted in the exon of the last will and testmt of the sd A B deed and as mentd in the schedule hereunto annexed hath been with the privity consent and approbation of the sd (H) And the sd (H) doth hby for him- Indemnity self his exs, &c. covt, &c. with the sd (E) his exs, &c. from the that he the sd (H) his exs, &c. shall and will from time to time and at, &c. save harmless and keep indemnified the sd (E) his exs ads and ass and his and their lds and tents goods and chattels of and from all costs, &c. which he or they shall or may sustain, &c. by reason of any actions, &c. and also for or by reason of any deft or failure of or in the performance of the sd last will and testmt of the sd A B decd And this Indre furr Further Witnesseth That in furr pursuance of, &c. and in conson testatum. of, &c. He, &c. (demise to executor, see Mortgage by Demise to Demise) Subject nevss to the proviso or condon hnaftr executor. mentd that is to say Provided always and it is hby decld Proviso for and agrd by and betn the sd pties hereto that if the sd (H) shall and do well and truly perform all and evy the covts and agrts herein contd on his and their pt to be done and performed according to the true intent and meaning of these prests Then the sd term of yrs of and in the sd messes or tents hby demised shall at the end of years next ensuing determine and be utterly void to all intents and purps any thing in these prests in any ways to the contrary notwithstg Provided Quiet enalso That in the mean time and until the sd (H) shall joyment make deft in the performance of the covts and agrts fault. herein contd by means or occasion whof the sd (E) his exs ads or ass or any of them shall sustain and be put to some trouble suit damage or expense it shall and may be lful for the sd (H) his hrs exs ads and ass peaceably and quietly to have hold and enjoy the sd messes or tents, &c. hby demised or orwise assured or intended so to be, &c. and to rece and take the rents, &c. witht any let hindrance, &c. of or by the sd (E) his hrs, &c. And the sd (H) for himself, &c. (Covts from the heir for title, &c. see Release.) Assignment of Household Furniture and Verbal term. until de Recital of This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas the sd (assignor) is in posson of a messe or tent situate, &c. tenancy. as tenant to A B of, &c. and CD of, &c. under a Goods. Verbal agreement to grant lease. Contract for purchase. yrly rent of £ Assignment by a Husband of Household Furniture, Books, Plate, Bills of Exchange, &c., to Trustees to sell for the Payment of Debts, and to stand possessed of Surplus for the separate Use of the Wife. Obs. A settlement after marriage in favour of a wife and children, by a person not indebted at the time, and not being a trader, is, under the 1 Jac. I., c. 15, s. 5, good against subsequent creditors, Lilly v. Osborn, 3 P. Wms. 298; Stephens v. Olive, 2 B. C. C.90; Kidney v. Coussmaker, 12 Ves. 155; and although a settlement after marriage is fraudulent against such persons as were creditors at the time the settlement was made, yet it is otherwise, if such settlement contains a proviso for debts. George v. Millbank, 9 Ves. 144. This Indre made, &c. Betn (husband) of, &c. and M. his wife of the first pt and (trustees) trustees named for the purps hnaftr mentd of the second pt Whas the sd (H) is possessed of or entitled to divers books plate and household furniture and is also possessed of or entitled to the bills of exchange parlarly mentd in the schedule hereunder written And whas the sd (H) is desirous of making a provision as well for the payment of the debts now due and owing by him as for the sd M. his wife in manner hnaftr mentd And hath therefore proposed and agrd to assign and make over unto the sd (7) and Goods. the survor of them and the exs, &c. of such survor all the sd bks plate household furniture bills of exchange and or. parlars upon or for the intents and purps hnaftr mentd And whas the sd (H) hath previously to the date and exon of these prests delivered unto the sd (T) the sd books plate household furniture bills of exchange and or. parlars Now this Indre Witnesseth That in pursuance of the sd agrt and in conson of 5s. to the sd (H) by the sd (T) in hand pd He the sd (H) Hath bargained sold assigned, &c. and by, &c. Doth, &c. unto the sd (T) their exs, &c. All, &c. the sd bks plate and household furniture of or to which he was possessed and entitled And also the sd bills of exchange parlarly mentd in the sd schedule hereunder written And all the right, &c. of him the sd (H) of into and out of the same preses and evy of them and evy pt thof To Have hold take and rece all and singr the preses hnbefe assd or intended so to be unto the sd (T) and the survor of them, &c. as and for his and their own goods and chattels absolutely But nevss upon to and for the trusts intents and purps hnaftr expssd and decld of and concerning the same that is to say Upon Trust that they Declaration the sd (T) and the, &c. do forthwith sell and convert of trusts. into money the sd bks plate furniture and or. parlars expssd to be hby assd and shall and will recover and rece the mos due and arising upon or paye by virtue of the sd bills of exchange And upon this furr trust that they shall and do out of the mos recd and to arise by such sale and conversion after deducting the costs chas and exps of recovering and receiving the sd mos pay and satisfy all such debts and sums of money as are now due and owing by the sd (H) unto any psn or psns howsr either by specialty or simple contract togr with all int due thereon And shall and do stand possessed of or interested in the surplus of the mos to be reed from or on acct of the sd bills of exchange or to arise by such sale and conversion as afd In Trust for the sole and separate use of the sd M. wife of the sd (H) independently of the sd (H) and not to be subject to his debts and engagements to pay apply and dispose of such surplus mos to and for such intents and purps as if the sd M. were a feme sole and unmarried And the sd (H) for himself his hrs exs and ads doth covt, &c. with the sd (T) and the survor, &c. that he shall and will from time to time and at all times hrafter make do and exte all such furr and or. Iful and rease acts deeds matters and things as shall be necessy for the furr assuring and assigning the preses and for the more effectually enabling the sd (7) and the survor of them, Covenant for further assurance. |