DEED BY ATTORNEY DEED OF ADMINISTRATOR. 41 In witness whereof, we, the said A. B. and M. B., have hereunto set our hands and seals, this in the year of our Lord one thousand eight hundred day of and and State of in KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of —, in the county of consideration of [after which proceed as in No. 3 to the close of the third paragraph, and then say :—] In witness whereof, the said A. B., grantor, hath hereunto set his hand and seal, this day ofyear of our Lord one thousand eight hundred and by C. D., his attorney duly authorized, by letter of attorney herewith recorded. —, in the A. B. (L. s.) Signed, sealed and delivered in presence of By C. D. (L. s.) 6. Deed from an Administrator. WHEREAS, A. B., administrator of C. D., late of deceased intestate, by order of the within and for the county of in the county of court holden at day of A. D. 185—, was li * censed and empowered to sell and pass deeds to convey the real estate of the said C. D., hereinafter described;* and whereas, the said A. B., having given public notice of the intended sale, by printing a notification thereof three weeks successively in the newspaper, called the agreeably to the order and direction of said court, and having given the bond, and taken the oath by law, in such cases required, previous to fixing upon the time and place of said sale, did on the day of instant, pursuant to the license and notice aforesaid, sell by public auction the following described real estate of the said C. D. to E. F. of ——, gentleman, for the sum of - dollars, he being the highest bidder therefor, as follows, viz: [here insert the description and boundaries.] dollars, *If part of the estate is to be sold. insert after the word convey [so much of] and after described insert [as was necessary to raise the sum of for the payment of —. After estate insert [being a part of the estate,] Now, therefore, know ye that I, the said A. B., by virtue of the power and authority in me vested as aforesaid, and in consideration of the aforesaid sum of- dollars, to me paid by the said E F., the receipt whereof is hereby acknowledged, do hereby give, grant, sell and convey unto the said E. F. his heirs and assigns, the estate herein above-mentioned and described. To have and to hold the aforegranted premises, with all the privileges and appurtenances to the same belonging, to the said E. F., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., administrator as aforesaid, do hereby covenant with the said E. F., his heirs and assigns, that I was lawfully authorized and empowered to make sale of said estate; and that I have pursued the requisitions of law in this behalf. In witness whereof I, the said A. B., administrator aforesaid, have hereunto set my hand and seal, this day of in the year of our Lord, one thousand eight hundred and fifty— Signed, sealed, and delivered in presence of A. B. [L. S.] NOTE. The above form can also be used by Guardians, by substituting "Guardian" for " Administrator." 7. * Deed of Real Estate to a Married Woman, to her sole and separate use. *This deed must be recorded in the county where the land lies, and also in the county where the husband resides, if within the commonwealth of Massachusetts, otherwise, in the county where the grantor resides. If the deed is not recorded in the county where the husband resides, or, if his residence be out of the state, in the county where the grantor resides, within ninety days from the time of its delivery, the land will be liable to attachment for the husband's debts. The legal rights and remedies of a married woman in relation to property held by the foregoing deed are declared, by a statute passed in 1845, to be the same as if she were unmarried, but it is not liable to attachment for a breach of contract made, or a wrong done by her while she is a wife. The husband, however, cannot convey property to his wife in any other manner, nor with any other effect, than he might if the statute had not been passed. A husband can, however, secure property to his wife by conveying it to some friend in trust for her benefit, but not to the prejudice of his creditors. So a female may before marriage, convey property to a third person in trust for her benefit; and thereby place it beyond the control or liabilities of her future husband. DEED FROM A FATHER TO A DAUGHTER. 43 by E. F., the father of C. D., wife of E. D., of ——, in the county of and state aforesaid, merchant, for and in behalf of the said C. D.,] the receipt of which is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said C. D., a certain parcel of land situate, lying and being in, aforesaid, with the dwelling house thereon standing, bounded, and described as follows, to wit: [here insert the description,] together with all the privileges and appurtenances thereto belonging. To have and to hold, the above granted premises, to her, the said C. D., wife of the said E. D., to her sole and separate use, free from the interference, or control of her present, or any future husband, [or, free from the interference, or control of her husband, the said C. D.,] and to her heirs and assigns, to their own use and behoof, forever. And I, the said A. B., for myself, my heirs, executors, and administrators, do covenant with the said C. D., her heirs and assigns, that I am lawfully seized in fee of the premises aforesaid, that I have good right to sell and convey the same to the said C. D. as aforesaid, and that I will, and my heirs, executors, and administrators shall, warrant and defend the same, against the lawful claims of all persons. In testimony whereof, &c., (as in No. 3.) Sealed and delivered in presence of A. B. (L. s.) (L. S.) * 8. Deed of Gift of Personal Chattels from a Father to a Married Daughter to her sole and separate use.' KNOW ALL MEN BY THESE PRESENTS, That I, A. B., in the county of of and state of mer which I chant, in consideration of the love and affection bear to my daughter, S. B. D., wife of C. D., of aforesaid [or, in the county of- and state aforesaid,] and for divers other good and valid considerations, do hereby give, grant, confirm and convey unto my said daughter, S. B. D., all and singular the goods and chattels contained in the following schedule, marked and numbered as therein specified and set forth, to wit: This must be recorded within ninety days after the delivery, if in Massachusetts, in the county where the husband resides, or the property will be liable to attachment for the husband's debts. To have and to hold the above described goods and chattels to her sole and separate use, free from the interference and control of her present, or any future husband, and to her heirs and assigns, to their own use and behoof forever. In testimony whereof, I have hereunto set my hand, &c. A. B. [L. S.] Sealed and delivered in presence of 9. Deed of Gift.* KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of ——————, in the county of -, and State of in consideration of the natural love and affection which I bear unto my daughter, Jane B., have given, granted, aliened, released and confirmed, and by these presents do give, grant, and confirm unto the said Jane B., her heirs and assigns, all that messuage and tenement, situate [here give the description, boundaries, &c.], together with the privileges and all things appurtenant thereto, and also all estate, right, title, and interest, whatsoever. which I, the said A. B., have hitherto held in the same; To have and to hold the said messuage, hereby granted and conveyed, with its appurtenances, unto the said Jane B., her heirs and assigns, to her and their proper use and behoof forever. [Add covenants of warranty against incumbrances, &c., in the usual form, as the donor pleases.] In witness whereof, I have hereunto set my hand and seal, the day of one thousand eight hundred and fifty -. , Signed, sealed and delivered in presence of A. B. [L. S.] [This deed of Gift should be acknowledged and recorded.] *A conveyance either of land or goods made without a valuable consideration, in the nature of an equivalent, is void, as against any person who may be prejudiced thereby.-A voluntary conveyance of real estate [or chattel interest] to a child, being under age, in consideration of natural affection, the father not being embarrassed at the time of conveyance, is valid against subsequent creditors, though the father remained in possession with the child. 9 Mass. Rep., p. 390. RIGHT OF WAY. 10. Deed of a Right of Way.* THIS INDENTURE made this 45 day of —, in the year of our Lord one thousand eight hundred and fifty between A. B. of —, of the one part, and C. D. of the other part, Witnesseth, That, in consideration of the sum of of dollars paid to the said A. B. by the said C. D., the receipt of which is hereby acknowledged, the said A. B. for himself, his heirs and assigns, hath granted, bargained and sold, and doth by these presents, grant, bargain, and sell unto the said C. D. and to his heirs and assigns, the free and uninterrupted use, liberty and privilege of and passage in and along a certain alley or passage of in breadth, and feet in depth, extending out of and from street, in the town aforesaid, along the south side of the present messuage and lot of the said C. D. together with free ingress and egress, to and for the said C. D. his heirs and assigns, his and their tenants and undertenants, occupiers and possessors of the said C. D.'s messuage and ground, contiguous to the said alley or passage, at all times and seasons forever hereafter, into, along, upon, and out of the alley or passage, in common with the said A. B. his heirs and assigns, tenants and occupiers of the said A. B.'s messuage or ground adjoining to the same alley. To have and to hold all and singular the privileges and advantages aforesaid, to him the said C. D. his heirs and assigns, to the only proper use and behoof of him the said C. D. his heirs and assigns forever, in common with the said A. B. his heirs and assigns as aforesaid, subject nevertheless to the moiety or equal half part of all necessary charges and expenses which shall from time to time, and at all times hereafter, accrue or happen, in paving, amending, repairing, and cleansing the said alley or passage. In witness whereof, we have hereunto set our, &c. A. B. [L. s.] C. D. [L. S.] Sealed and delivered in presence of [To be acknowledged.] Easements. No person can acquire any right to a privilege of way, air, or light, nor any other easement, in Massachusetts, New York, and several other States, unless such shall have been continued uninterrupted for twenty years. In Connecticut and Vermont, by fifteen. In South Carolina, thirty. But it is held not to exist in New Jersey or Pennsylvania. In some States the acquiring of such a right may be prevented by serving a notice on the opposite party, and recording the same; and a copy of the notice must be affixed to the house or some other conspicuous part of the premises. |