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A Deed of Gift of Perfonal Eftate.

NOW all men by thefe prefents, That I, A E. of, &c. in confideration of the natural love and affection which I have and bear unto my beloved fifter C. E. and alfo for divers other good caufes and confiderations, me the faid A. E. hereunto moving, ve given, granted and confirmed, and ́ by thefe prefents give, grant and confirm, unto the said C. E. all and fingular my goods, chattels, plate, jewels, leafes and perfonal eftate whatfoever, in whofe hands, cultody or poffehon foever they be, within the state of To buce, Lord and enjoy all and fingular the faid goods, chattels and perfonal eltate aforciaid, unto the faid C. E. her executors, adminiftrators and aligns, to the only proper ufe and behoof of the fald C. E. her executors, adminiitrators and affigns forever. And I the faid A. E. all and fingular ne faid goods, chattels, perfonal estate, and other the premifes to the faid C. E. her executors, adomitrators and aligns agatott me the fad A. E. my executors and administrators, and all and every other perfon and perfons whadoever, ihail and will warrant, and forever defend by tude proiznis. all and fingular which fad goods chattels, perional eftate, and other the premifes, i the faid 1. E. have put the laid C. E. in full poffeffion, by delivering to her one p.w.er dith at the time of the tealing an i delivery of thefe prefeats, in the name of the whole premies hereby granted.

In witness, Sc.

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N. B. A memor indum of livery and feizin, in the form of that to be end jeas on á bill of fale of goods, maft be here like wife ujed.

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A Grant of an Annuity by In 'enture.

HIS indenture made, &c. between A. B. of, % of the one part, and C. D. of, &c of the other part, witne feth, That the faid A B. for and in confideration of the fum of, &c to him in hand well and truly paid by the faid C. D. at or before the fealing and divery of thefe pref ents, the receipt whereof the faid A. B. duth hereby acknowledge, bath given, granted and confirmed, and by these prefe its doth give grant and confirm unto the faid C and his affigns, one annuity of, &c. to be received, taken, had, and

to be iffuing out of all that meffuage, &c. with all and fingular the appurtenances thereunto belonging, and every part and parcel therco unto the faid C. D. and his affigns, for and during the natural life of him the faid C D. payable and to paid at and upon, &c. yearly, by even and equal portions; the first payment to begin and be made at or upon, &c. (And. if it fhall happen that the faid annuity of, &c. or any part thereof to be behind and unpaid, in part or in all, by the space of twenty-one days next after either of the faid days or times of payment thereof, whereupon the fame fhould or ought to be paid as aforefaid; that then, and so often, and at any time. hereafter, it fhall and may be lawful to and for the said C D. and his affigns into and upon the faid meffuage and premifes above mentioned, or any part thereof, to enter and distrain, and the distress and dittreffes then and there found, to take, lead, drive, carry away and impound, and the fame in pound to take, hold and keep, until the faid annuity and the arrears thereof (if any shall be) together with all cofts and charges thereabout, or concerning the fame, fhall be fully paid and. fatisfied) And the faid A. B. for himself, his heirs, executors and adminiftrators, doth covenant, grant and agree, to and with the faid C. D. his executors, adminiftrators and affigns, that he the faid A. B his heirs, executors or adminiftrators, fhall and will well and truly pay or caufe to be paid unto the faid C. D his executors, adminiftrators or affigns, the faid annuity or yearly rent, charge, &c above, at the days and time, and in manner and form, as above expreffed, and limited for payment thereof, according to the true intent and meaning of thefe prefents. And alfo, that the faid mef fuage, &c. above mentioned to be charged or chargeable with the faid annuity hereby granted, fhall from time to time be and continue over, and fufficient for the payment of the faid annuity of, &c. yearly, during the life of the faid C. D. In witness, &c.

A Deed of Gift of Lands, &c. by Indenture.

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HIS indenture, made, &c. between E. F. of, &c. of the one part, and G. H. fon and heir apparent of the the faid E. F. of the other part, witnesseth, That the faid E. F. as well for and in confideration of the natural love and affection which he the faid E. F. hath and beareth unto the

faid G. H. as alfo for the better maintenance, fupport, livelihood and preferment of him the faid G. H. bath given, granted, aliened, enfeoffed, and confirmed, and by thefe prefents doto give, grant, alien, enfeoff and confirm unto the faid G. H. his heirs and affigns, all that capital, meffuage, fite or manfion house, with the dove-house, stable, barn, orchard, garden, and-feveral pieces, or parcels of land, arable, meadow and paiture ground, thereunto adjoining and belonging,. commonly called or known by the name of, &c now or late in tenure. poffeffion or occupation of, &c. their tenants, under tenants or affigns; and all thofe lands lying and being in, &c together with all and fingular the houfes, outhoufes, edifices, buildings, barns, ftables, courts, courtilages, gardens, orchards, lands, tenements, meadows, paltures, feedings, trees, woods, underwoods, commons, common of pasture, ways, paths, paffages, waters, watercourfes, cafements, prof its, commodities, privileges, franchifes, liberties, advantages, emoluments, hereditaments, and appurtenances whatsoever, to the faid capital, meffuage, lands, tenements, hereditaments, and premifes hereby mentioned, or intended to be granted and confirmed unto the faid G. H. as aforefaid, or any part or parcel thereof, belonging or in any wife appertaining, or therewithal, commonly held, ufed, occupied or enjoyed, or accepted, reputed, taken or known as part or parcel of, or belonging to the fame; and the reverfion and reverfions, remainder and remainders, rents, fervices, iffues and profits of all and fingalar the faid premifes, with their appurtenances, and all the efta e, right title, interelt, property, claim, challenge and demand whatsoever of him the faid E. F. or, in and to the faid capital, meffuage, manor, lands, tenements, and premifes, and of, in and to every part and parcel thereof, with their and every of their appurtenances: (And ali deeds, evidences and writings concerning the faid premifes, only, or any part thereof, now in the hands, cuftody, or pof feflion of the fiid E. For which he may get or come by, without fuit in law or in equity; together with true copies. of all other deeds, evidences and writings concerning the faid premifes. or any part thereof amongst other lands; the fame copies to be made, written and taken at the proper colts and charges of the faid G. Hhis heirs or affigns.) To brue and to hold the faid capital, meffuage, lands, tenements, hereditaments, and all and fingular other the premises hereby grant

ed and confirmed, or mentioned or intended fo to be, with their and every of their appurtenances, unto the faid G. H. his heirs and affigns, to the only proper ufe and behoof of him the faid G H his heirs and affigns forever. And the faid F for himself, his heirs, executors and adminiftrators, doth covenant, grant and agree, to and with the faid G. H. his heirs and affigns by thefe prefents, that he the faid G. H. . his heirs and afligus, fhall and lawfully may, from time to time, and at all times hereafter. peaceably and quietly have, hold, ufe, occupy poffefs and enjoy the faid capital, maffiage, lands, tenements hereditaments, and premifes, hereby grant ed and confirmed, or mentioned, or intended to be hereby. granted and confirmed, with their and every of their ap puntenances, free, clear, and fully difcharged, or well and fufficiently faved, kept haralefs and indemnified, of, from and againit all former and other gfts, grants, b.rgains, fates, jointures, feoffnents, dowers, eftates, entails, ients, rent charges, arrearages of rents, ftatutes judgments recognizances, executions, ftatutes me chant, and of the ftaple, extents, and of from and againit all former and other titles, troubles, charges, and incumbrances whatfoever, had done, or fuffered, or to be had, made, done, or suffered by him the faid E. F his heirs or affigns, or any other perfon or perfons, lawfully claiming or to claim, by, from or under him, them, or any of them. In witness, c.

NOTE. Livery and Seizin must be delivered on this grant.

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OF INDENTURES.

AN indenture is a writing containing fome contract, &

greement or conveyance between two or more perfons, being indented in the top anfwerable to another part which hath the fame contents. Co. Lit. 229. Where a deed begins, This indenture, it must actually be indented, that is to fy, cut off or fcolloped at the top, other wife it will be a deed poll, for it is not the words, This in

denture, but the indenting of the parchment or paper that makes it an indenture. Wood's Inft. 236. 1 Inft. 143.

The difference between indentures and deeds poll is, that in the latter, the words fhall be most strongly taken against the grantor; but in the former, the words are to be taken according to the intent of both parties, the grantor and grantee: for this reafon, where both parties are intended to be concluded, it seems highly neceffary to turn deeds poll into indentures, which is eafily done, by obferving the different forms of those inftruments, and indenting them as above directed.

An indenture may be of feveral parts, and formerly used to begin with the words, "This indenture, bipartite, tripa tite, quadripartite, quinquepartite," &c. but now ufually written in English, "This indenture of two, three, or four parts,"

&c.

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Words in an indenture, though of one part only, are binding to both parties Jacob's Dict. N. B. By a law of the Commonwealth of Maffachusetts lately paffed, minors under the age of fourteen years, may be bound by deed until that age, as fervants or apprentices, by their father, and in cafe of his deceafe, by their mother, or by their guardian legally appointed: or, having no parent or guardian, may bind themfelves, with the approbation of the fele&men, or a major part of them, of the town where fuch minors refide. And all minors of the age of fourteen years, or upward, may be bound by deed, as apprentices or fervants; females. to the age of eighteen years, or to the time of their marriage within that age; and males to the age of twenty-one years, by their father, and in cafe of his decease by their mother or guardian, having the minor's confent expicffed in the deed; and any fuch minors having no father, mother or guardian within the commonwealth, may, by deed, bind themselves with the approbation of the felectmen or the major part of them, of the town where they refide. Provided, That in every cafe there fhall be two deeds of the fame form and tenor executed by both parties; one to be kept by cach; and where made by the approbation of the felectmen, they, after having examined the terms of the deed, fhall exprefs their approbation thereon and fign the fame. Provided alfo, That all confiderations which shall be allowed by the master or mistress in any contract of iervice or apprenticeship, fhall be fecured to the fole ufe of the

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