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or leafes, demife or grant, for years be made to commence and take effect in poffeffion, within one year after the date thereof; and fo as upon all and every fuch leafe or leafes, demifes or grants for years to be made by the faid A. B. and M. D. his faid intended wife, refpectively, there be reserved, payable yearly, during the continuance thereof, the best and most improved yearly rents, which at the time of making thereof can or may be gotten for the fame; and fo as in every fuch leafe there be contained a claufe of re-entry for nonpayment of the rent or rents thereby to be referved; and fo as the leffee or leffees, to whom fuch leafe or leafes fhall be made, do feal and deliver counterparts of fuch lease or leases ; any thing herein contained to the contrary hereof notwith ftanding. In witness, &c.

Separation between a Man and his Wife.

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HIS indenture of three parts, made &c. between G. of the first part, A. his wife of the fecond part, and B. (a trustee) of the third part. Whereas &c. Recital of the fettlement before marriage] And whereas fome unhappy differences have lately arifen between the faid G. G. and the faid A. his wife, and they have matually agreed to live feparate and apart from each other; and previous to fuch feparation, he the faid G. G. hath confented thereto, and also propofed and agreed that he, out of his own proper monies, would allow and pay to the faid A. his wife, during the term of her natural life for her better fupport and maintenance (over and above the provifion made and fettled upon her the faid A. for her feparate ufe by the above recited indenture of fettlement) one annuity or yearly fum of 300 dollars clear of all taxes, charges, and deductions whatfoever, payable to her in fuch manner as herein after is mentioned fubje&t nevertheless to the provifo herein after contained, touching the payment of the faid annuity.) And alfo that in cafe the faid A. his wife fhould die before him the faid G. G. that then the faid G.G. fhould pay to her executors the fum of ten pounds toward her funeral charges: and that the faid G. G. would hereby ratify and confirm the herein before recited fettlement in fuch manner as hereafter is mentioned:

Now this indenture witneeth, That the faid G. G. in pur fuance of his aforefaid propofal and agreement, doth hereby for himself, his executors, administrators and for every of them, covenant, promife and agree to and with the faid B. (the truftee) his executors, adminiftrators and affigns; and doth alfo agree with the faid A. his wife, in manner and form following, (that is to fay) that it fhall and may be lawful to and for the faid A. his wife, and that he the faid G. G. fhall and will permit and fuffer her the faid A. from time to time, and at all times from henceforth, during her natural life, to live feparate and apart from him, and to refide and be in fuch place and places, and in fuch family and families, and with fuch relations, friends, and other perfons, and to follow and carry on fuch trade and business, as fhe the faid A. from time to time at her will and pleafure (notwithstanding her prefent coverture, and as if the were a feme fole and unmarried) fhall think fit: and that he the faid G.G. fhall not nor will at any time or times hereafter fue her the faid A. in the preme court, court of probate, or any other court for living feparate and apart from him; or compel her to cohabit with him, or to fue, moleft, disturb, or trouble her for fuch living separate and apart from him, or any other perfon or perfons whatfoever, for receiving, harbouring, or entertaining her; nor fhall or will without the confent of the faid A. vifit her, or knowingly come into any houfe or place whore fhe fhall or may dwell, refide or be; nor fend or caufe to be fent any letter or message to her; nor fhall or will at any time hereafter claim or demand any of the monies, rings, jcwels, plate, clothes, linen woollen, houfehold goods, or ftock in trade, which fhe the faid A. now hath in her custody, power or poffeffion, or which fhe fhail or may at any time hereafter buy or purchase, or which fhall be devifed or given to her, or she shall otherwife acquire; and that the fhall and may enjoy and abfolutely difpofe of the fame, as if fhe were a feme fole and unmarried. And further. That he the faid G. G. his executors or administrators, or fome or one of them, fhall and will well and truly pay or cause to be paid unto the faid A. his wife, or her affigns during the term of her natural life, for and towards her better fupport and maintenance, one annuity or yearly fum of of lawful, &c. free and clear of all taxes, charges and deductions

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whatsoever; the faid annuity or yearly fum of paid and payable to her the faid A. G. and her affigns, during her natural life, in four equal parts or payments; the first quarterly payment thereof to begin and be made on the day of next, or within days then next following. The fecond payment to be made, &c. The third payment to be made, &c. The fourth payment to be made, &c. and fo on each year during the faid term. confideration of which faid 300 dollars per ann fo hereby made payable to her the faid A. G. in manner as aforefaid, and of the provision so made for her by the faid recited indenture of fettlement in manner as aforefaid, fhe the faid A. G. doth hereby agree to accept and take in full fatisfaction for her fupport and maintenance, and all alimony whatsoever during her coverture. Provided always, and it is hereby exprefsly agreed and declared by and between all the parties hereunto, and the true intent and meaning of them and these presents is and are, that in cafe he the faid G. G. his executors or administrators, fhall at any time hereafter be obliged to, and fhall actually pay any debt and debts which fhe the faid A. his wife, fhall at any time hereafter during her prefent coverture, contract with any perfon or perfons whatsoever, that then and in fuch cafe, it shall and may be lawful to and for the faid G. G. his executors and adminiftrators, to deduct, retain, and reimburse to him and themselves out of the faid anauity or yearly fum of 300 de'lars fo hereby payable to her the faid A. as aforefaid, all and every fuch fum and fums of money, as he or they fhall be obliged to, and shall so actually pay for or on account of fuch debt or debts to be by her the faid A. at any time hereafter fo contracted as aforefaid, together with all cofts, charges and damages, which he or they fhall or may pay or fustain on account thereof; any thing herein contained, &c. And lastly, The faid G. G. (in purfuance and full perform. ance of his faid recited agreement, and divers other good and valuable caufes and confiderations him thereunto efpecially moving) hath, and by thefe prefents doth abfolutely eftablish, ratify and confirm as well the faid herein before recited indenture of affignment and fettlement made of the faid perfonal eftate of the faid A. his wife, and of the faid 300 dollars and gold watch by the faid G. G. and A. his wife, fo thereby refpectively affigned to them the

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faid G. T. and J. B. (the trustees) as aforefaid; and alfo all and every the feveral trufts, ufes, declarations, conditions and agreements in the fame indenture mentioned, limited, expreffed, and declared of and concerning the fame refpectively. In witness, &c..

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OF DEEDS.

DEED is a writing fealed and delivered by the parties; or it is an inftrument fealed and delivered, comprehending a contract or bargain between party and party, or an agreement of the parties thereto, for the matter therein contained. Blackft. Com. Wood's Inft.

It is requifite that a deed be founded upon good and fufficient confideration, and made by perfons able to contract, and be contracted with. There must be a thing or fubject matter to be contracted for, and the matter thereof mult be expreffed by words fufficient to fpecify the agreement and bind the parties. Blackft. Com.

Of deeds there are two forts, deeds indented, and deeds poll. A deed indented is defined to be" a deed confifting of two or more parts, in which it is expreffed that the parties have to every part thereof interchangeably fet their feveral feals." A deed poll is a deed testifying that only one of the parties to the agreement hath put his feal to the fame, where fuch party is the principal or only perfon whofe confent or act is neceffary to the deed.

(See bargain and Sale, page 44.)

Rules Concerning Deeds.

Jacob's Dict.

SUCH conftructions must be always made of deeds, that the intent of the parties fhall take effect, if the fame, by any conftruction, may stand with the rules of law.

If words of a deed have a double intendment, and the one ftandeth with law and right, and the other is wrongful and against law, the intendment which standeth with law shall be preferred.

The words of a deed fhall be taken moft strongly against him that doth allege or pronounce them.

The words muit be underflood according to the fubject Wood's Inft.

matter.

There are feveral kinds of deeds by which lands pafs from one man to another, as of Bargain and Sale, Feoffment, Leafe and Releafs, &c. [See conveyances.] Forms of thefe conveyances are inferted under their refpective heads.

Under this head I propofe to infert fuch Forms as are most generally made ufe of in the country, for the conveyance of real estates. I have not been able to procure the laws of the feveral states in this refpect; but for the use of the citizens of Maffachusetts, I think proper to infert here the following law of that state, paffed A. D. 1784.

An A& directing the Mode of transferring Real Estates by Deed, and for preventing Fraud therein.

WHEREAS it is neceffary (to prevent uncertainty, fraud and perjury in the transferring real eftates) that a mode therefor fhould be established, eafy, certain, and notorious:

Be it enacted by the Senate and House of Reprefentatives, in General Court affembled, and by the authority of the fame, That all leafes, estates, interests of freehold, or term of years, or any uncertain interefts of, in or out of any meffuages, lands, tenements, or hereditaments, made or created by livery and feizin only, or by parole, and not put in writing, and figned by the partics fo making or creating the fame, or their agents thereunto lawfully authorized by writing, fhall have, the force and effect of leafes or cftates at will only; and shall not, either in law or equity, be deemed or taken to have any other, or greater force or effect; any confideration for making any fuch parole, leafes or eftates, notwithstanding. And no leafes, eftates, or interefts, either of freehold or term of years, or any uncertain intereft of, in, to, or out of any mef. fuages, lands, tenements, or hereditaments, fhall at any time. be affigned, granted or furrendered, unlefs it be by deed or note in writing, figned by the party fo affigning, granting or

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