Terms. Assignment of Chattels real, to which a Person is entitled in Right of his Wife, in Trust to Re-assign the same. Obs. 1. Terms for years and other chattels real, of which a wife is or may be possessed during her coverture, will survive to her, unless the husband exercise some act of ownership in his lifetime, as by assignment or otherwise. He cannot dispose of them by will until he has so done, as the will does not take effect until after his death, and the law vests the term in the wife immediately after the decease. Co. Litt. 351. b. Com. Dig. Baron and Femc, E. 2. 1 Rop. Hus. & W. 196. 2. As to the stamp on assignments, not charged as convey. ances, see Pref. § 4. This Indre, &c. Betn (husband) of, &c. of the one pt and (trustee) of, &c. of the or. pt Whas the sd (H) as husband of M his wife formerly M T spinster is possessed of or entitled to divers messes and for divers terms of yrs and is desirous of becoming the absolute owner of the same to the intent that he may have the right of settling and disposing of the same by will or in any other manner as he shall think fit. Now for the purps afd and in conson of 10s. in hand, &c. pd to the sd (H) by the sd (T) He the sd (H) Hath bargained sold, &c. and by, &c. Doth bargain sell, &c. unto the sd (T) his exs, &c. All those the messes or tents and lds whatsr of which he the sd (H) is possessed or in which he is interested in right of his wife or as her husband for any term of yrs or any or. chattel int whatsr with their and evy of their apts And all the este, &c. of him the sd (husband) To Have and Habendum. to Hold the sd messes, &c. and all and singr or. the preses hby assd and evy pt and pcl thof with their apts unto the sd (trustee) his exs ads and ass henceforth for the sevl residues and remrs of the sevl terms for years or or. ints which the sd (husband) hath in the sd messes resply now to come and unexpired for and during all such times terms for yrs and or. ints as the sd (husband) now hath in the sd messes, &c. resply as fully and beneficially to all intents and purps as the sd (husband) can assign or orwise assure the same Nevss upon trust that the sd trustee his exs ads and ass do and shall immly after the exon of these prests re-assign the sd preses hby assd or orwise assurd with their and evy of their apts and all his and their este right title, &c. unto the sd (husband) his exs ads and ass for all the then residues and remrs of the sevl terms for yrs or or. ints of the sd (trustee) his exs ads and ass therein Witness, &c. In Terms. Re-assignment by Indorsement, in Pursuance of the foregoing Deed. Know all Men by these Presents That in exon of the trust reposed in him the within-named (trustee) in and by the within-written indre and in conson of, &c. to the sd (trustee) by the within-named (husband) in hand pd He the sd (trustee) Hath bargained sold and assigned and by, &c. Doth, &c. unto the sd (husband) his exs, &c. All the messes, &c. whatsr which by the withinwritten indre were and are assd or orwise assured by the sd (husband) to the sd (trustee) or intended so to be and evy pt and pcl of the same with their and evy of their apts And also all the este right title int property power claim and demand whatsr of him the sd (trustee) of in to upon and over the sd messe by force or virtue of the sd within-written indre or orwise howsr Togr with the same indre To Have and to Hold the sd messes, &c. and all and singr or. the preses hby assd and evy pt, &c. with their apts unto the sd (husband) his exs ads and ass henceforth for the sevl residues and remrs of the sevl terms for yrs and or. ints which he the sd (trustee) hath in the sd messes resply by virtue of the within-written indre and for and during all such time or times, &c. and or. ints as the sd (trustee) now hath in the sd messes, &c. resply by virtue of the same indre as fully and beneficially as the sd (trustee) can assign or orwise assure the same In Witness, &c. Assignment of a Wife's Term for Years by a Husband, and a Wife to a Purchaser. Obs. A man having an absolute right to dispose of a wife's term for years (see last Precedent) may do so alone, but it is most usual to make the wife a party in an assignment to a purchaser. This Indre made, &c. Betn (assignor) of, &c. And M his wife (before marriage M R spinster) of the one pt and (assignee) of, &c. of the or. pt Whas by an indre bearing date, &c. and made or expssd to be made betn JH therein described of the one pt and the sd M (then MR spinster) of the or. pt For the consons therein mentd the sd J H did demise and lease unto the sd MR her exs ads and ass All that messe, &c. with the appts To Hold the same unto the sd M R her exs, &c. from the day of last past for and during, &c. from thence next ensuing and fully to be complete and ended subject to the rents covts and agrmts therein reserved and contd to be pd observed and performed And whas the sd (assignor) with the privity and appro Habendum. bation of the sd M his wife hath contracted and agrd Terms. with the sd (assignee) for the absolute sale to him of the sd messe, &c. for the residue, &c. Now this Indre Witnesseth that in pursuance of, &c. and in conson of the sum of £ to the sd (assignor) in hand, &c. by the sd (assignee) well, &c. pd the rect, &c. And also for and in conson of the sum of 10s. of, &c. to the sd M in hand, &c. He the sd (assignor) with the privity, &c. of M his wife testified, &c. Hath bargained, &c. and by, &c. Doth bargain sell, &c. unto the sd (assignee) his, &c. All that, &c. (see assignment of a lease) And all the este, &c. To Have and to Hold the sd messe, &c. unto the sd (assignee) his, &c. And the sd (assignor) for himself, &c. doth hby covt, &c. in manner following Covenants. that is to say That for and notwithstanding any act, A subsist&c. by him the sd (assignor) and M his wife made, &c. ing lease. (lease is good and subsisting, see assignment of a lease) And that for and notwithstanding any such act deed Good right matter or thing as afd he the sd (assignor) and M his to assign. wife or one of them have or hath, &c. in themselves himself or herself (good right to assign, &c.) And that Quiet enit shall be lful for the sd (assignee) his, &c. peaceably joyment. and quietly to have, &c. without the lful let suit, &c. of or by him the sd (assignee) and the sd M his wife or either of them their or either of their exs, &c. And that free and clear and for ever discharged or orwise by the sd (assignor) his hrs exs or ads well and sufficiently saved defended and kept harmless and indemnified of from and agst all estes, &c. whatsr either already had, &c. or hraftr to be had, &c. by the sd (assignor) and M his wife or either of them their or either of their exs or ads or by any psn or psns lfully or equitably claiming or to claim by from under or in trust for them or any of them And furr that he the sd (assignor) his exs, &c. Further asand all and evy or. psn or psns having or claiming, &c. by surance. from or under or in trust for him the sd (assignor) and M his wife or either of them their or either of their exs, &c. shall and will, &c. make and do, &c. (acts for further assurance) And also that he the sd (assignor) his exs and ads shall and will pay the rent reserved by the afd in pt recited indre of lease up to and including Midsummer-day now next ensuing and shall and will save, &c. the sd (assignor) his exs ads and ass and his and their lds tents goods and chattels resply from the same rent and from all costs and exps on acct of the breach or non-performance of any of the covts or agrts in the sd in pt recited indre on the pt of the sd M her exs ads or ass to be performed from the commence- Covenant ment thereof And the sd (assignee) doth hby for him- from as signee to indemnify assignor. Execution self his exs, &c. covt, &c. with the sd (assignor) that he of Deeds. the sd (assignee) shall and will, &c. pay the yrly rent, &c. and perform fulfil and keep all and evy the covts and agrts in the sd, &c. in pt recited indre of lease contd on the pt of the tenant or lessee from henceforth to be performed and from the same rent covts and agrts and all costs and exps on acct of any breach neglect or deft of or in payment or performance thof as afd shall and will save harmless and keep indemnified the sd (assignor) and M his wife and each of them and each of their exs, &c. In Witness, &c. ATTESTATIONS. § 1. An attestation of a deed, is a memorandum by the witnesses who saw the same sealed and delivered, and who are to endorse or underwrite their names thereon. A deed sealed and delivered, it is said, may be good, for the seal is the essential part of the deed, 1 Inst. 7. 10 Co. 93. In the execution of powers of appointment, it is necessary to insert the word 'signed.' See Appointment. 2. By the Statute of Frauds, all devises and bequests of any lands or tenements devisable by the Statute of Wills, or by any particular custom, are required to be signed by the party devising the same, or some other person in his presence, and by his express directions, and shall be attested and subscribed in presence of the devisor, by three or four credible witnesses. Attestation of the Execution of a Deed by a person The within-written indenture was signed sealed and delivd (being first duly stamped) by the within-named AB who being deaf and dumb but capable of reading the same was first read over by him and he seemed perfectly to understand the same in the presence of C D of, &c. Attestation of the Execution of a Deed by a Blind Person. The within-written indre was signed sealed and delivered by the within-named AB (having been first duly stamped) and he being blind the same indenture was carefully and audibly read over to him in the presence of CD of, &c. Attestation of the Execution of a Deed as the Attorney. Signed sealed and delivered by the within-named CD as the attorney of the within-named A B (being first duly stamped) in the presence of EF of, &c. Attestation and Testimonium of a Deed executed under a Power of Attorney from two. Signed sealed and delivered (being first duly stamped) by the within-named A B as the attorney of the withinnamed C D and E F and in the names and as the several acts and deeds of the sd C D and E F in the presence of GH of, &c. IK of, &c. The Testimonium. In Witness whereof A B of, &c. hath by virtue of a deed-poll or letter of attorney under the hands and seals. of the sd CD and E F bearing date the 18 day of and hereunto (a) annexed put the hands and seals of the sd CD and E F the day and yr first above-written CD (seal) by A B his attorney. EF (seal) by A B his attorney. Attestations where there happen to be Interlineations, &c. Signed sealed and delivered (being first duly stamped) by the within-named A B the words (copy the words) having been previously interlined (in the fourth and fifth lines of the first skin, or written over obliterations between, &c. as the case may be) in the presence of, &c. Attestation of a Deed executed by one Party in his own Right, and as the Act of another of the Parties by virtue of a Power. Signed sealed and delivered (being first duly stamped) by the above-named (or within-written) A B with his own name and as his own act and deed and afterwards as the attorney and in the name and as the act and deed of the within-named CD by virtue of the authty given to him the sd A B for that purpose by the indenture of assignment from the sd C D to him the sd A B and which is recited in this instrument in the presence of, &c. (a) If the letter of attorney concern other property, a true copy of the same should be annexed. Execution of Deeds. |