Terms. fully and beneficially as the sd (trustee) can assign or orwise No. CXCII. 2. assure the same In witness &c. see ante, No. XLVI. No. CXCIII. Assignment of a Wife's Term for Years by a Husband and a Obs. A man having an absolute right to dispose of a wife's term of 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. No. CXCIII. This Indre made &c. see ante, No. LXXXV. 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 J. H. therein described of the one pt and the sd M. [then M. R. spinster] of the or. pt For the consons therein mentd the sd J. H. did demise and lease unto the sd M. R. 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 approbation of the sd M. his wife hath contracted and agrd 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 Habendum. the sd (assignee) his &c. And the sd (assignor) for himself &c. Covenants, doth hby covt &c. in manner following that is to say That for A subsisting and notwithstanding any act &c. by him the sd (assignor) and M. his wife made &c. (lease is good and subsisting, see Assign lease. Terms. Good right to assign. Quiet enjoy ment. Further assurance. No. CXCIV. ment of a Lease) And that for and notwithstanding any such act deed matter or thing as afd he the sd (assignor) and M. his wife or one of them have or hath &c. in themselves himself or herself (good right to assign &c.) And that it shall be lful for the sd (assignee) his &c. peaceably 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. and all and evy or. psn or psns having or claiming &c. by 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 Midsummerday 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 commencement thereof Covenant from And the sd (assignee) doth hby for himself his exs &c. covt &c. with the sd (assignor) that he 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 rents 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. see ante, No. XLVI. assignee to indemnify as signor. ATTESTATIONS. SECT. 1. An attestation of a deed is a memorandum by the witnesses who saw the same sealed and delivered, and who are to indorse 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 words "signed." See APPOINTMENTS. 2. By the Statute of Frauds, 29 C. 2, c. 3, 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 to be attested and subscribed in presence of the devisor, by three or four credible witnesses. By the 7 W. 4 & 1 Vict. c. 26, repealing sec. 5, 6, 19, 20, 21 and 22 of that statute, the signature of the testator must be made or acknowledged by him in the presence of two instead of three witnesses, who must be present at the same time As the Act does not render any particular form of attestation necessary, it is presumed that the old forms will remain in use. See further as to attestations, WILLS. No. CXCIV. Attestation of the Execution of a Deed by a Person Deaf and Dumb. The within-written indenture was signed sealed and delivd [being first duly stamped] by the within-named A. B. 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 No. CXCIV. Dumb. C. D. of &c. E. F. of &c. No. CXCV. Attestation of the Execution of a Deed by a Blind Person. The within-written indre was signed sealed and delivered by the within-named A. B. [having been first duly stamped] and VOL. I. EE No. CXCV. Blind. No. CXCV. he being blind the same indenture was carefully and audibly read over to him in the presence of Blind. C. D. of &c. E. F. of &c. No. CXCVI. Attorney. No. CXCVI. Attestation of the Execution of a Deed as the Attorney. Signed sealed and delivered by the within-named C. D. as the attorney of the within-named A. B. [being first duly stamped] in the presence of No. CXCVII. Power of No. CXCLVII. E. F. of &c. G. H. 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 within-named 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 G. H. of &c. I. K. of &c. No. CXCVIII. No. CXCVIII. 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 C. D. and E. F. bearing date the day of 18 and hereunto (a) annexed put the hands and seals of the sd C. D. and E. F. the day and yr first above written C. D. (seal) by A. B. his attorney. E. F. (seal) by A. B. his attorney. (a) If the letter of attorney concern other property, a true copy of the same should be annexed. No. CXCIX. 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. No. CXCIX. Interlineations. No. CC. 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 C. D. 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. No. CC. As Attorney. No. CCI. Attestation of a Will. presence of us who in Signed sealed published and declared by the sd testator as and for his last will and testament in the his presence and at his request and in the presence of each other have hereunto subscribed our names to each sheet as witnesses thereto (and if there are two parts say, " as we have also done to each sheet of another part of his will at the same time"). No. CCI. Will. |