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·ments herein-after mentioned, have demised and to farm let, and by these presents do demise and to farm let, unto the said party of the second part, my frame house, situate and standing on Hill st. so called in the town of Rome aforesaid, and known as no. 33, in said street, together with the ground and out houses belonging to said premises for and during the term of four years from the date hereof; to have and to hold the same to the use and occupancy of the said party of the second part. And the party of the first part hereby covenants and agrees with the said party of the second part, that he has good right to let and demise the above described premises, and that he will secure the quiet use and enjoyment of the same to the said party of the second part for the term aforesaid
And the said party of the second part hereby covenants and agrees with the said party of the first part, that he will take the above premises for the term aforesaid, and that he will yield and pay an annual rent of one hundred dollars, in quarter yearly payments of twenty five dollars each, computing from the date hereof, and the said party of the second part further covenants and agrees to surrender the said premises to the party of the first part at the close of the term aforesaid, in the like good order and condition in which they now are,-natural wear and tear excepted.
In witness whereof the parties to these presence have hereunto set their hands and affixed their seals the day and year first above mentioned. In presence of E. F.
C. D. Note 2, The conditions upon which property is leased, are so extremely various & ramified, that it is difficult drafting a form applicable to all purposes. It is important however that whatever contraots of this kind are entered into, the identical intentions of the parties contracting should be fully inserted in the body of the instrument, in clear and explicit terms. It is also important that among other things the following particulars should be distinctly mentioned;-to wit: The term for which the lease runs; the amount of rent and mode of payment; the peaceable surrender of the premises at the close of the terms, and the manner in which they are to be left,
8, DEEDS, NOTE 1. A Deed is a written indenture, purporting to convey lands or other property, on certain specified conditions. The writing, signing and sealing, completes the deed, but it takes no effect until delivered,
This Indenture made this fourth day of July in the year of our Lord one thousand eight hundred and eighty-six, by and between A B, and C D, his wife, of the town of Utica, in the county of Oneida and state of New-York of the first part, and E F, of Rome in the county and state aforesaid of the second part, Witnesseth, that the said paries of the first part, for and in consideration of the sum of one hundred dollars to them paid in hand by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold, released, aliened and confirmed, and by these presents do grant, bargain, sell, release, alien and confirm, unto the said party of the second part, being now in his actual possession, and to his heirs and assigns for ever, all &c. (Here insert the identity, boundary, quantity, &c. of the premises in question,) together with all and singular, the hereditaments and appurtenances thereunto belonging, or in any wise appertaining fand the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, in law or equity, of, in, and to the above bargained, premises, to have and to hold, to the said party of the second part, his heirs and assigns, to his or there sole use, benefit and behoof for ever. And the said A B, and C D, his wife, parties of the first part, for themselves, their heirs, executors and administrators, do covenant, bargain, promise and agree, to and with E F, party ond part, his heirs and assigns, the above bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all persons lawfully claiming the above described premises or any part thereof, will for ever warrant and defend.
In testimony whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in presence of,
C. D. P. P. NOTE 2. The essential requisites for a valid deed are the follow. ing. 1. Parties that are able in law to contract.
A subject matter to be contracted for, in which there is an interest to be conveyed.
3. A good and lawful consideration expressed in the deed.
of the sec
4. The subject matter properly and legally set forth, described, bounded and identified.
5. That the deed bè signed, sealed, and delivered in the presence of two lawful witnesses subscribing the same.
6. That it be immediately recorded in the county clerk's office for the county in which the premises are situated.
NOTE 3. In all d eds, there should always be two contracts on the part of the gran 01;-the first of seizen or good title, and the second of warranty or quiet enjoyment. The object of making the wife a party with her husband in the conveyance, is to back her of her dower in the subject matter of the deed,
Note 4, Deeds are sometimes drawn and executed, and then left in the hands of a third person to be held until the conclusion of some contingency; then banded over or delivered to the person for whom it was originally intended. The deed, while in the hands of the third person, is called an Escraw.
9. FORM OF A QUIT CLAIM DEED, This Indenture made this fourth day of July in the year of our Lord one thousand eight hundred and eighty-six, between A B, and 6 D, his wife of Utica, in the county of Oneida and state of New-York, of the first part, and E T, of Rome, in the county and state aforesaid, of the second part, witnesseth;—that in consideration of one hundred dollars paid in hand to us parties of the first part, the receipt whereof is hereby confessed and acknowledged. We, parties of the first part, have remised, released, and for ever quit claim. And by these presents do remise, release, and for ever quit claim unto the said E F, party of the second part, his heirs and assigns, all our right, title and interest in and to all and singular, the premises of the Ware House situated in the town of Rome, in the county and state aforesaid, known by the name of the Read Store, to have and to hold the same, together with all the privileges and appurtewances thereunto belonging, to him the said E F, his heirs and assigns for ever.
In testimony whereof we have bereunto subscribed our eames and affixed our seals the day and year first above written. Signed, sealed and delivered in presence of
10. LAST WILLS AND TESTAMENTS. Note 1. A Will is the declaration of a person's intentions with regard to the distribution of property after his decease.
The nomination of an executor, constitutes a will; but an instrument, which disposes of property without appointing an exec
utor, is called a testament; therefore an instrument which disposes of property and appoints an executor, is properly termed a will and tesiament. A testamentary disposition of real estate, bowever, is commonly called a devise. The form of an ordinary will is here subjoined.
I, A B, of Utica, in the county of Oneida, and state of New York, farmer, being weak of body, but of sound mind and memory, do make and publish this, my last will and testament, in manner and form following:—that is to say, I give, bequeath and devise, to CD B, my beloved wife, one half of all my effects, real and personal; to be disposed of as to her shall seem meet. I also give, bequeath and devise, to Mary, my only child, the remaining half of my effects, after deducting therefrom what may be sufficient to discharge all my lawful debts; the balance to be vested in public stocks, with the interest arising thereon, except so much as will suffice to maintain and educate said Mary, to be delivered to her, the said Mary, on her reaching her eighteenth year, provided she lives; and in case of her death, to be equally divided among the then living children of my brother, B B, to be disposed of as to them shall appear most proper.
And I hereby appoint C D B, my beloved wite, my only and sole executrix of this my last will and testament;--hereby revoking und annulling all former wills, testaments and devices, by me made.
In testimony whereof I have hereunto set my hand, and affixed my seal, this fourth day of July, in the year of our Lord one thousand eight hundred and eighty-six.
A B. Signed, sealed, published and declared by the
above named A B, to be his last will and testament, in presence of us, who have hereunto subscribed our names as witnesses, in the presence of the testator and of each other.
S S. NOTE 2, A will must be signed and sealed by the testator, or by some person for him, in his presence, and by his express direction.
The statute, on this subject, provides that a will shall be tested and subscribed by three credible witnesses, whose duty it is to attend, respectively, and at the time, to three distinct particulars; to wit:
1. The sanity of the person making the will. 2: The fact of the signature, or an acknowledgment thereof unre. strained. 3. The fact of the declaration and publication,
The three witnesses must subscribe the will in the presence or view of the testator, or where he may see them perform the act, and also in presence of each other. The will when signed and attested, must be proclaimed by the testator, in audible words, and in the presence of the witnesses, in the tollowing language;“I proclaim this instrument to be my last will and testament.”
REMARK. I have submitted this form of an ordinary will, under the apprehension that it may possibly lead to some mischief. The subject is one of deep interest to many who know little of its nature; and much excitement and collision in private families, and disorder in community, have arisen through the want of an acquaintance with the principles and forms necessary to be observed, in order to render a will, in all respects, valid. I therefore take the freedom of observing, that the statutes, on wills and devises, contain a large portion of nice and intricate law; hence, it is dangerous to attempt the execution of an instrument of this kind, without the assistance of a legal adviser.
I will also observe that in filling up the forms of the foregoing instruments, I have dated the whole of them at Utica, in the county of Oneida, and state of New York, and on the 4th of July 1886,-instruments, however, drawn from these for valid purposes, must bear the name of the place, county and state, in which they are drawn, and the date of the time at which they are drawn.