held by the husband in right of the wife, is to be conveyed, both the husband and wife must join in the deed; and in most of the States the wife must be examined privately and apart from her husband as to whether the Deed is her free and voluntary act. If an attorney have authority to convey lands, he must do it, not in his own name but in that of his principal cute a Deed must itself be under seal, and acknowledged.

A power to exe

8. CONSIDERATION.-The Deed should be made for a good and valuable Consideration to give validity to it against the claims of creditors or subsequent purchasers. A Deed made upon fraud or collusion to deceive purchasers or lawful creditors will be void, but not as between the parties themselves.

9. A CONVEYANCE Contains several covenants, as follows:-the grantor covenants that he is lawfully seized in fee of the premises, that they are free from all incumbrances, and that he will warrant and defend the same against the lawful claims and demands of all persons. This last clause in italics constitutes a warranty Deed. In a quit-claim there is inserted after these words in italics, claiming by, through, or under me, but against none other. The effect of covenants is to give to the purchaser a claim for damages, if at any time disturbed by an adverse claimant.

10. DATE.-When no date is inserted, the time will be reckoned from the delivery.

11. ERASURES.-When an erasure, or interlineation, is made in a material part of a Deed, a memorandum thereof should be made in the margin, or on the back of the Deed, testifying that it was done before sealing. If the Deed is altered or purposely defaced by a grantee himself, after execution, it makes the Deed void.

12. ATTESTATION, OR EXECUTION. The presence of witnesses, is the last requisite to a deed. In some States, two, and in others, one is required. It is however, always safe to have two, and they should be well known persons who can be easily found if occasion should render it necessary.

See Forms of Deeds, and Mortgages, on pages 36 to 45. and from p. 50 to 57.

EXECUTION OF DEEDS.

In Maine, one witness is necessary. Deed to be recorded in the Registry of Deeds.

In New Hampshire, two witnesses are necessary. Deed to be recorded as above.

In Vermont, the same. Deed to be recorded by the Town Clerk. Wife must be examined privily and apart from her husband, and shall declare that the Deed, &c. is her voluntary act, and is executed on her part without fear and compulsion of her husband.

In Rhode Island, same as above.

In Massachusetts, two witnesses are usual. Deed to be recorded in the Registry of Deeds."

In Connecticut, two witnesses are necessary. Deed to be recorded as above In New York, proof of the execution of a Deed by one witness, or its acknow ledgment, will entitle it to be recorded by the Clerk of the County, within fifteen days.

In New Jersey, one witness is necessary. Deed to be recorded, or lodged for that purpose, with the Clerk of the Court of Common Pleas, within six months. Wife must be examined separately, &c.

In Pennsylvania, two witnesses are necessary. Deed to be recorded in the office for Recording Deeds. Wife must be examined separately, &c. In Delaware, same as above. Deed to be recorded within one year in the County where the land lies. Wife must be examined separately, &c.

In Maryland, two witnesses are necessary. Deed to be recorded and enrolled in the Records of the County within six months. Wife must be examined separately, &c

In Virginia, same as above. Deed to be recorded by the of the County, City or Corporation, within eight months. amined separately, &c.

Clerk of the Court
Wife must be ex-

EXECUTION OF DEEDS.

7

In North Carolina, the attestation of witnesses is not essential Deed to be recorded in the Registry of Deeds within two years. Wife must be examined separately, &c.

In South Carolina, two witnesses are necessary. Deed to be recorded in the Clerk's Office of the County, within six months. Wife must be examined separately, &c.

In Georgia, same as above. Deed to be recorded by the Clerk of the Court within one year. Wife must be examined separately, &c.

In Alabama, one witness is necessary. Deed to be recorded by the Clerk of the County, within six months. Wife must be examined separately, &c.

In Mississippi, two witnesses are necessary. Deed to be recorded by the Clerk of the County Court. Wife must be examined separately, &c.

In Louisiana, the transfer of real property, is effected, not by deed, as in the other States, but by a proceeding called, "the Act of Sale." It is the agreement of the parties for the sale and purchase of the property, entered into by them and reduced to writing and signed by all.

These acts of Sale are divided into private and authentic acts. Private when under the hand of the parties only. Authentic when executed before a Notary Public; which is done by the parties appearing before the Notary, and his reducing the terms of the agreement to writing, and signing it together with all the parties in the presence of two witnesses, free male, and aged, at least fourteen years, or of three witnesses, if the party be blind. If the party does not know how to sign, the Notary must cause him to affix his mark to the instru

ment.

The act of Sale, when Private, must be registered in the Parish where the property lies, by the Register thereof. If the act of sale, be, Authentic, it shall be sufficient if its registry be made on a certificate presented from the Notary who shall have passed the said act.

In Tennessee, two witnesses are necessary. Deed to be recorded by the Register of the County within a year. Wife must be examined separately, &c.

In Kentucky, two witnesses are necessary. Deed to be recorded, or deposited for record, within sixty days in the Clerk's Office of the County where the estate, or the greater part of it lies. Wife must be examined separately, &c. In Ohio, two witnesses are necessary. Deed to be recorded in the office of the Register of the County, within six months. Wife must be examined separately, &c.

In Indiana, one or more witnesses are necessary. Deed to be recorded in the Recorder's Office of the County within twelve months. Wife must be examined separately, &c.

In Illinois, two witnesses are necessary. Deed to be recorded in the Recorder's Office of the County within six months. Wife must be examined separately, &c.

Grants, bargains, sales, leases, releases, bonds, contracts and agreements, mortgages, defeasances, conveyances, of and concerning lands, and tenements, must be recorded within six months. An assignment of a mortgage must be recorded within ninety days.

In Missouri, two witnesses are necessary. Deed to be recorded in the Recorder's Office of the County within three months. Wife must be examined separately, &c.

In Michigan, two witnesses are necessary. Deed to be recorded in the Registry of Deeds. Wife must must be examined separately, &c.

In Arkansas, two (disinterested) witnesses are necessary. Deed to be recorded by the Recorder of the County. Wife must be examined separately, &c. In Florida, two witnesses are necessary. Deed to be recorded by the Clerk of the Court. Wife must be examined separately, &c.

In Wisconsin, two or more witnesses are necessary. Deed to be recorded in the Registry of Deeds. Husband and wife to unite in the Deed, whenever the land of the wife is to be transferred; but where dower alone is released, she may effectually do that by her separate deed.

In Texas, two witnesses are necessary. Deed to be recorded by the Clerk of the County Court

In Iowa and California, execution same as in Missouri.

MORTGAGES.

MORTGAGES of Real Estate must be acknowledged and recorded in like manner with deeds.

A mortgage is a pawn of lands and tenements, as security for the payment of a debt; and if the money be not repaid at the time agreed upon, the crediitor may take possession of the property, by what is termed a foreclosure, subject however to the debtor's right of redemption.

Mortgages of Personal Property are recorded, usually by the town clerk where the property is situated, or where the mortgagor resides.

See Mortgages of Real and Personal Estates, on pp. 50 to 57.

LEASES.

A Lease is a conveyance of lands or tenements in consideration of rent, or other annual recompense, for life, years, or at will. The contract for a Lease may be expressed verbally or in writing. If verbally it usually has only the force and effect of a tenancy at will. If in writing, it must be subscribed by the party making it, or his authorized agent.

The statute law, in some States, requires that long Leases be in writing, signed, sealed and delivered in the presence of one or more subscribing witnesses, and be registered and recorded. In Maine, Massachusetts, New Hampshire, Michigan and Maryland, the term is seven years; in New York, Pennsylvania, Ohio and Indiana, three; in Vermont, Connecticut, Rhode Island, and South Carolina, one; in Kentucky and Virginia, five.

It is always safe to have sealed instruments attested in the presence of two competent subscribing witnesses, not persons picked up by chance, but those who can be readily found, if wanted.

The following cautions are necessary to be observed on taking the Lease of a house,

1.

Whether there are any symptoms of dampness?

2. Whether the chimneys are smoky ?

3. Whether the house is subject to unpleasant smells?

4. Whether the lower part of the house is well ventilated, and there is a good drainage to the cellar?

5. Whether the house is infested with bugs, cockroaches, moths, or any other vermin?

6. Whether it is supplied with good drinking and washing water?

7. Whether the landlord will keep the pumps, cisterns, &c. in good repair? 8. Whether, if the water fails or becomes impure, or the water fixtures get out of repair, the tenant shall supply himself, after due notice, at the expense of the Landlord?

9

Whether the house leaks?

10. Whether the landlord will keep the privy, water courses, &c., clean and in good condition?

11. Whether the house is in good repair; and the landlord will keep it so during the term?

12.

Whether the landlord is to pay the taxes? If so, a covenant to that ef fect should be inserted among the agreements. If the tenant, the like among his. A Lease is a written contract, and every thing agreed upon or contracted for by the Landlord or Tenant, should be stated in the Lease for no verbal contract can alter a written one.

In taking a house on Lease, the tenant should carefully examine the Covenants of the Lease, or he may, when too late, discover that he is so tied down by the terms of the lease, as to render the house unfit for his purposes, or that the restrictions may involve him in difficulties, and subject him to perpetual annoyance: he may, by the terms of the lease, be restrained from making necessary or convenient alterations; he may be compelled to rebuild and pay rent if the premises be burnt down, or rendered uninhabitable by fire, or other accident; he may be liable to forfeit his lease, or be subject to a penalty, if he as. sign over his interest, carry on a trade, or the like; or he may be subject to pay the taxes, or half of the taxes, as is required of him by the statutes of Mass. sachusetts, or be assessed for the water tax, &c., &c. "The law does not protect men from their own carelessness or ignorance."

For further information on this important subject see Lease, &c. on p.47; but especially the "Landlord's and Tenant's Assistant, one of this series.

MAKING A WILL

9

MAKING A WILL.

From innumerable causes, which are beyond human control, there is not any state or condition of life that is not subject to premature and sudden death, even in the very vigour of life and health, and under the exercise of every prudential measure. It is therefore the duty and paramount obligation of every consid erate and rational man to avail himself of a proper season and time, and that, as early as possible, to make his will, in order to preserve the future peace and harmony of his family, and prevent those irremediable disputes among them which are the consequences of intestacy. Let us not, therefore, if we wish to leave behind us the reputation of having been a man of sense, and of making our memory "smell sweet in the grave," hazard blunders and errors, and "the waywardness of the will" in matters which so intimately concern our dearest relatives and friends.

2.

PRECAUTIONS TO BE ATTENDED TO IN MAKING WILLS.-When a person is desirous of making his will, he should be careful to give such a description of himself as may avoid any confusion or uncertainty. This description is in law, called his addition, and means the allegation of his Christian and Surname, his place of abode, trade and occupation. And he should be mindful to introduce the words "of sound and disposing mind;" for though they are not absolutely necessary to give effect to the will, yet the introduction of them is prudent and salutary.

Great care should be taken in properly describing the legatees. The law reports abound with strings of cases detailing the calamitous results of faulty and careless descriptions of the objects of testator's bounty or kindness.

If every testator would take the trouble to look over his will once a-year, as regularly as he balances his books, and consider, for a few minutes, what alteration has taken place in his circumstances in the preceding year, it is highly probable that innumerable lawsuits and disputes would be prevented.

3. THE NATURE AND EXECUTION OF WILLS.-Wills or testaments are of two kinds; namely, written, and vɩrbal or nuncupative. The latter have now be come very unusual, being liable to great imposition. In some States, as in Massachusetts and New York, an unwritten will bequeathing personal estate, is only valid when made by a soldier in actual service, or by a mariner while at sea. In Illinois a nuncupative will is good, if committed to writing within ten days, and proved by the oth of two disinterested witnesses.

It is generally supposed that the signing of the will by the testator must be accompanied with a publication, that is, a declaration that the instrument is his will. This may be done by the testator's addressing himself to the witnesses and saying, "I publish and declare this as my last will and testament and desire you to witness it," or words to the like effect.

4. WITNESSES TO WILLS.-It is also necessary to be cautious in selecting persons who are to be witnesses to a will. They should not be persons who, on account of having been convicted of any infamous crime, are disqualified from giving evidence in a court of justice. Nor should they be legatees under the will or codicil; nor any way interested in the making of the will. They should also be persons of sufficient intelligence and understanding. It is commonly supposed that the most ignorant person, even one who cannot write his own name, will do for a witness to a will; but should circumstances make it necessary for the witnesses to be examined in a Court of Law, what impotent evidence do such persons give in many cases! They are so easily perplexed by a shrewd counsel, that they may be made to say almost any thing.

Legacies to an attesting witness, or his or her wife or husband, are void. Therefore, if a testator wishes to give any thing to an attesting witness, he must do it in some other way than by a legacy But creditors and executors can be attesting witnesses. Alterations in wills must be made in the same way as a will is made, that is, the will must be again witnessed and signed. 5. DIRECTIONS FOR MAKING A WILL.-The chief points to be observed in making a will are the following,

A will of any kind of property must be in writing

The will or codicil should be signed at the foot or ena mereof by the testator. If he does not sign, it must be signed by some other person in his presence, and by his direction.

The signature must be made, or acknowledged, by the testator, in the presence of witnesses present at the same time.

In Massachusetts, New Hampshire, Maine, Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland, South Carolina, Georgia, and all the other States, the attestation is good if signed by three witnesses. In Delaware,

Virginia, Ono, Illinois, Indiana, Missouri, Tennessee, North Carolina, two only are required. In New York two witnesses are necessary, who must write opposite their names their places of residence.

Lastly, the witnesses must attest and subscribe the will or codicil in the presence of the testator, and attest that the will was signed, or his signature acknowledged by the testator in their presence.

Wills under the influence of importunity or coercion are void.

As to the time and manner of the attestation, it is necessary the witnesses subscribe the will in the presence of the testator; and their business is not only to witness the manual act of signing, but also to bear testimony to the sanity of the testator.

6. WHO MAY MAKE A WILL.-All persons of sound mind, except infants and married women may dispose of their real property by will. A married woman, however, may do so with the assent of her husband; and if she possess a deed of settlement of her estate, prior to her marriage, she may retain this power and execute it after marriage. By the Laws of New York she may dispose of property, by will, which has been left to her sole use beyond the control of her husband. Personal Property may be disposed of by will, by a male infant of fourteen years of age, and a female of twelve. In New York the ages are eighteen and sixteen. A married woman may dispose of personal property with the assent of her husband. All persons laboring under any disability are incompetent to make a will, as idiots, madmen, or persons besotted with drunkenness, or bereft of their faculties by old age.

7. REVOCATION OF A WILL-A will may be revoked at the pleasure of the testator. He may burn, tear, cancel, or obliterate it, but the obliteration of part is a revocation of only that part. Marriage and the birth of a child operate as a revocation, provided the wife and child were unprovided for. A second will is also a revocation of the first. The marriage of a woman revokes a will previously made by her.

A codicil is a revocation of a will if contrary to it.

A will may also be revoked on the ground of mistake in the intention of the testator.

8. CODICILS.-A codicil is a supplement or addition made to a will by the testator, adding to, explaining, or altering some part of his former disposition. It may be written on the same paper, or affixed to or folded up with the will; or it may be written on a different paper, and deposited in a different place.

In general, the law relating to a codicil is the same as that relating to wills, and the like guarantees of signature and attestation are required.

Though a man can properly make only one will, he may make as many codicils as he pleases, and the first is equally valid with the last, if not contradictory. 9. PRACTICAL REMARKS ON WILLS.-In making a provision for natural children, pains should be taken to describe them, so that they may not be excluded by the heir-at-law.

When a person is desirous of leaving a legacy to a married woman, he should give specific directions that it shall be for her sole and separate use, free from the control, debts, and incumbrances of her husband. The like precaution, should be observed in a legacy to a single woman.

The republishing of a will, is in part, a new execution of it, and it may be done in the presence, and attested by the witnesses of the former will, or by a similar number of other witnesses.

After-born children not provided for or mentioned in the will, or in any settlement, are allowed their share in the estate, after the death of the testator, as if no will had been made.

A LEGACY is a bequest or gift of money, goods or chattels, by will or testament: the person to whom it is given is called the legatee; and if the gift is of the residue of an estate after the payment of debts and other legacies, he is called the residuary legatee.

In case of a deficiency of assets to pay the debts, all the general legacies must abate proportionally. And if the legatees have been paid, they are afterwards bound to refund a rateable part, in case debts come in more than the residue after the legacies are paid.

General conditions imposed on legatees not to marry, are void, as immoral by tending to prevent the multiplication of the species: but conditions which restrain marriage within a reasonable time, or to particular persons, are good, because the liberty of marriage is not taken away, only a qualification imposed which may be expedient. So a condition by a husband, that his wife shall be entitled to a legacy he has left her only so long as she continues his widow, is binding. See Forms of Wills, Codicil, &c. pp. 65, 66.