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Dividends remedies for recovering the same unto the sd (assigneey
under a his, &c. as and for his and their own mos Upon the
Bank- Trusts nevss and for the purps hnaftr expssd and declcJ
ruptcy. of and concerning the same And for the better enabling
him the sd (assignee) his exs ads and ass to rece the sd sum and sums of money hnbefe expssd to be hby assd to the sd (assignee) He the sd (assignor) doth make, &c. (see Assignment of Debt) the sd (assignee) his exs, &c. the true, &c. atty, &c. of him the sd (assignor) to ask demand, &c. the sd debt or sum of £ — and all divds, &c. And on rect thof to give rects and acquitances or discharges for the same as the case shall require and to bring commence and prosecute any action suit or or. proceeding whatsr for recovering and compelling paymt thof And also to adjust settle compound and compromise all accts reckonings matters and things whatsr relating to the sd debt divds and preses or any of them and for all or any of the purps afd to use the name of the sd (assignee) and generally to do exte and perform any or. act deed matter or thing whatsr relating to the preses as fully to all intents as he the sd (assignee) could do if personally present And whatsr the sd (assignee) shall lfully do in or about the preses the sd (assignor) both hby covt and promise with and to the
Declaration sd (assignee) his exs, &c. to allow ratify and confirm And i>f trusts. n is derfd agrj ov and Detn the sd pties hto
that the assnment hby made of the sd debt sum and sums of money divd and divds and the power heretofore given to the sd (assignee) his exs ads and ass is so made and given to him and them And that he and they shall and will rece and stand possessed of all and evy sum and sums of money which may become paye on acct of the sd debt or sum or the divd or divds thof Upon the trusts and for the purps hnaftr expssd and decld of and concerning the same that is to say Upon Trust That he the sd (assignor) his exs ads and ass do and shall thereout retain and reimburse himself or themselves all costs chas and exps whatsr as he or they shall or may from time to time be put unto or sustain in or about the exon of the trusts hby reposed in him and them and also the sd debt or sum of £ — so as afd now due and owing to him the sd (assignee) from the sd (assignor) togr with lful int for the same from the day of the date hereof And in the next place do and shall in like manner retain and reimburse himself and themselves the full amount of all costs paymts chas and exps which he the sd (assignee) may from time to time be put unto or incur or which may become due and owing to him for any business to be done on acct of the sd (assignor)
And when and as soon as all such sums of money shall Execuhave been fully pd off and discharged Then upon this torship. fair trust that the sd (assignee) his exs, &c. shall and will pay over to the sd (assignor) his exs, &c. the residue of the mos which shall hraftr be reed by him by virtue of these prests In Witness, &c.
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.
This Indenture, &c. Betn (heir) of, &c. heir at law of A B deed of the one pt and (dowress) of, &c. widow and relict .of the sd A B of the or. pt Whas the sd Recital of A B was at the time of his dece seised of an este of s?ism in fl'° inhance in fee simple in posson of and in divers lds s,mP,cand lents situate, &c. which upon his dece descended unto thesd (H) subject to the dower of the sd (D) Sow this Indre Witnesseth, &c. That upon the request of the sd (D) He the sd (H) Hath assigned and by, &c. unto her the sd (D) one third pt of the sd Ids and tents to wit All that messe, &c. To Have and to Hold unto the sd (D) for and during the natural life of the sd (D) in sevlty by metes and bounds as for and in the name of dower and in full satisfaction of all claim which the sd (D) hath or ought to have of or in the sd lds and tents of which the sd A B was seised-in his lifetime And the sd (D) doth hby accept the sd messe or tent, &c. so assigned as and for her dower and in full satisfaction of the same In Witness, &c.
Assignment of an Executorship and Indemnity of the
Obs. 1. An executorship being an office of trust, is not assignable (see Prcf. § 2) otherwise than in the qualified manner of the following precedent, which has been taken with some variations from WootCa Cunvet/ancing.
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. deed 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 whus the sd (£) Recital. hath by and with the privity and consent of the sd (H) pavmcnt „f pd and discharged the funeral exps and divers debts and debts ami legacies of the-sd A B which are mentd in the schedule legacies.
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 betrt to assign. ,he sd and the sd (£) that the ^ (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 (£) shall for that purpose assign unto the sd (H) all such goods chattels and or. things as the sd (£) 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 (£) as is hnaftr contd to the intent thby Testatum. to indemnify him the sd (£) Now this Indre Witnesseth That in ennson of the preses He the sd (£) Hath granted, &c. unto the sd (H) All those the sd letters of administration and probate of the will of the sd A B deed and nil the goods chattels debts secties for debts and or. tilings which the sd (£) hath oris entitled unto as executor of the last will and testmt of the sd A B deed the rect of which sd leases, &c. the sd (//) 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 (£) 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 (£) might have held reed and taken the same by virtue of the sd Power of will And the sd (E) doth hby give unto the sd (H) attorney. nis exs^ Full power and authy in the name or names of the sd (£) 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 deed and all and evy the bonds mtges secties terms ints and estes concerning or relating to the same which do or shall belong unto the sd (£) No act to as executor of the sd will of the sd A B deed And the incumber. sd (£) for himself, &c. doth covt, &c. with the sd (H) his exs, &c. that he the sd (£) 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 nowdue and owing to the sd A B deed can or may be reld Further as- discharged or orwise And also that he shall and will surance. 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 (£) his exs, &c. to demand rece and recover all debts and sums of money due and owing to the este of the sd FurniA B deed And the sd (H) in conson of the preses doth ture. 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 (£) his exs, &c. jTM'TM t,ie 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 deed 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 cesscr of (fl) shall and do well and truly perform all and evy the termcovts 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 make deft in the performance of the covts and agrts fdult 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 ororwise 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
This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas the Recital of sd (assignor) is in posson of a messe or tent situate, &c. tenancy. as tenant to A B of, &c. and C D of, &c. under a
yrly rent of £ — paye quarterly And what the sd A B and C D have verbally agrd to grant a lease of the sd messe or tent for 21 yrs from the day of determinable in the first ^ or 14 yrs at the option of the sd (assignor) And whas the sd (assignee) hath contracted with the sd (assignor) for the purchase of the household furniture now being in or upon the sd mes9e or tent mentd in the schedule or particular thof hereunder written at or for the price of £ — Now this Indre Witnesseth That for and in conson of £ — to the sd (assignor) in, &c. by the sd (assignee) well, &c. pd the rect, &c. He the sd (assignor) Hath bargained sold and assigned and by, &c. doth, &c. all and singr the household furniture and things mentd and specified in the sd schedule or particular thof hereunder written and also all the este right title int property claim and demand whatsr of him the sd (assignor) into or out of the sd messe or tent and preses with the apts And the full bent and advantage to arise and accrue from the sd promise or agrt made or entered into by the sd A B and C D for such lease thof as afd or for any or. lease To Have Hold rece take and enjoy the preses hby assd or intended so to be unto the sd (assignee) his exs ads and ass for his and their use absolutely In Witness, &c.
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, Lillv v. Osbom, 3 P. Wms. 298; Stephens v. Olive, 2 B. C. C.90; Kidney v. Comsmaker, 12 Ves. 155; and although a settlement after marriage is fraudulent against such persons as were creditors at the time the settlement wus made, yet it is otherwise, if such settlement contains a proviso for debts. George v. Millbanh, 9 Ves. 144.
7Viw 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 (T) and
Verbal agreement to grant lease.
Contract for purchase.