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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions online

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New-England States, and the deeds by Indenture in use elsewhere,
must be noticed.

If the grantor by a Deed Poll has a wife, and it is intended that
she shall relinquish her dower, she is not mentioned as grantor, but
in the " In Testimonium," so called, which is that part of the deed
which begins with " In witness (or in testimony) whereof," her
name is mentioned, and it must be distinctly said that shr: signs the
deed in token of her relinquishment or release of dower. This is
shown in Form 106. But wbere deeds by Indenture are used, there
she is joined with her husband, and named as grantor; he and she
being " parties of the first part." It is, however, not necossary that
any thing should be said in the deed about her release of dower, or
homestead ; but she signs and seals the deed, and, in the acknowl-
edgment, express mention is made of her release of dower and
homestead, and also that she was separately examined. Some of
the forms are drawn in this way. Other forms are written as if the
grantor was unmarried, or as if his wife, if he had one, did not
intend to give up her dower. But all these forms can be readily
altered, and made to resemble either of the forms accordingly as
there is or is not a wife, or as, if there be a wife, it is intended tbat



FOEMS OF DEEDS. 445

she sLould joiu in the conveyance and relinquish her dower, or
that the husband should convey subject to the wife's dower. If this
last be the intention, it is not necessary to say so, as the mere fact
that she is not a party to the deed preserves for her her right of
dower.

(IOC.)
A Deed Poll of Warranty, in Common Use in New England,

Know all Men by these Presents, That I, (the grantor) of {resi-
dence, town or city, county and state), (occupation), in consideration of (jtlie
amount paid) to me paid by (here name the grantee or purchaser, giving in
like manner his residence and occupation), the receipt whereof is hereby acknowl-
edged, do hereby give, grant, bargain, sell, and convey unto the said (name
the grantee, and then describe the premises granted, minutely and accurately) : —

To Have and to Hold the above-granted premises, to the said (name

the grantee), his (or hers or their) heirs and assigns, to his (or hers or their) use and
behoof forever. And I, the said (name of the grantor), for (myself) and (my)

heirs, executors, and administrators, do covenant with the said (name of the grantee)^
and with his heirs and assigns, that I am lawfully seised in fee simple of the afore-
granted premises ; that they are free from all incumbrances (if there he any incum-
brances, as a mortgage or lien, or right of xcay, or drain, or air, or light, say except-
ing, and then describe the incumbrance), that I have good right to sell and convey
the same to the said (name of the grantee), and his (or her) heirs and assigns for-
ever as aforesaid ; and that I will, and my heirs, executors, and administrators shall,
warrant and defend the same to the said (name of the grantee), and his heirs and
assigps forever, against the lawful claims and demands of all persons.

In Witness "Whereoli I, the said (name of the grantor), and (name of his
wife), wife of said grantor, in token of her release of all right and title of or to dower
in the granted premises, have hereunto set our hands and seals this
day of in the year of our Loril eighteen hundred and

{Seals.)

Signed, Sealed and Delivered in Presence of

In those States in which a homestead law exists, the signature of
the wife, with a clause like that above, would not release the home-
stead. To eflfcct this the following clause should be inserted before
the words, " In token of : " —

"In token of her release to the said (name of the grantee), of all her right,

Interest, and estate to or in the premises herein conveyed, under the homestead
laws of this State ; and also," &c.



446 DEEDS COXYEYIXG LAND.

Some conveyancers think this hardly sufficient, and prefei the
following method, which would undoubtedly be effectual in every
one of these States. Insert before the paragrapli beginning " In
witness whereof," this paragraph : —

" And I, (name of the wife) wife of the said (the name of the grantor'),

in consideration of one dollar to me paid by the said (the name of the grantee).

the receipt whereof is acknowledged, do hereby release and assign to the said
(the name of the grantee), and his heirs and assigns, all my right,- interest, claim, and
estate in or to the premises within granted, under the homestead laws of this State,
or any other statutorj' provisions thereof."

It is to be remembered that, whether the deed be a warranty deed
like that above given, or a release or quitclaim, or a mortgage deed,
it is equally necessary and proper that the wife should release her
homestead right and her dower, unless it is intended that she should
retain them.

Below the deed comes the acknowledgment.

Commonwealth (or State) of (County) ss. (Town, Month, and Date.)

Then personally appeared the above-named and acknowledged the

above instrument to be free act and deed ; before me,

Justice of the Peace.

(107.
Deed of G-ift by Indenture, witfiottt any Warranfy whatever.

This Indenture, ]\Iade the day of in the

year one thousand eight hundred and between (name,

residence, and occupation of the grantor) of the first part, and (name, resi-

dence, and occupation of the grantee) of the second part, witnesseth, that the said
(the grantor) as well for and in consideration of the love and affection which he
has and bears towards the said (the grantee) as for the simi of one dollar,

lawful money of the United States, to him in hand paid by the said party of the
second part, at or before the ensealing and delivery of these presents, the receipt
whereof is hereby acknowledged, has given, granted, aliened, enfeoffed, released,
conveyed and confirmwl, and by these presents does give, grant, alien, enfeoff,
release, convey and confirm, unto the said party of the second and his heu-s and
assigns forever, all (here describe carefully the land or premises granted, by metes and
hounds, and dimensions, contents or quantify, or boundary marks or monuments, a:id
refer by volume and page to the deed of the land to the grantor, under which he hulds ii)

Tog"Ctlier with all and singular the tenements, hereditaments and appurte-
nances thereunto belonging or in any wise appertaining, and the reversion and



FORMS OF DEEDS. 447

reversions, remainder and remainders, rents, issues and profits thereof. And also,
all the estate, right, title, interest, property, possession, claim and

demand whatsoever, of the said party of the first part, of, in and to the same, and
every part and parcel thereof, with their and every of their appurtenances. To
have and to hold the said hereby granted and described premities and every part
and parcel thereof with the appurtenances unto the said party of the second part,
and his heirs and assigns, to his and their only proper use, benefit and behoof
forever.

In Witness Whereof, 'The said party of the first part has hereunto set his
L<ind and seal the day and year first above written.

{Signature.) {Seal.)
Sealed and Delivered in the Presence of



(108.)
Deed of Bargain and Sale ivithout any Warranty.

TMs Indentui-e, JIade the day of in the

year one thousand eight hundred and between (name,

residence, and occupation of the grantor) of the fij'st part, and (name, resi-

dence and occupation of the grantee) of the second part, witnesseth, that the said
party of the first part, for and in consideration of the sum of lawful

money of the United States of America, to him in hand paid, by the said party of
the second part, at or before the ensealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, re-
mised, released, conveyed and confirmed, and by these presents does grant, bargain,
sell, alien, remise, release, convey and confirm, unto the said party of the second
part, and to his and assigns forever, all {here describe carefully the land or

premises granted, as directed in Form 107)

Tog'ether with all and singular the tenements, hereditaments and appurte-
nances thereunto belonging or in any wise appertaining, and the reversion and revei^
sions, remainder and remainders, rents, issues and profits thereof. And also all
the estate, right, title, interest, property, possession, claim and demand whatsoever,
as well in law as in equity, of the said party of the first part, of, in, or to the above-
described premises, and every part and parcel thereof, with the appurtenances. To
have and to hold all and singular the above mentioned and described premises,
together with the appurtenances, unto the said party of the second part, and Ids
heirs and assigns forever.

In "SVitncss Wliercof, The said party of the first part has hereunto set Ins

hand and seal the day and year first above written.

{Signature.) {Seal.)
Sealed and Delivered in the Presence of



448 DEEDS CONVEYING LAND.

State of ^

> 83.

County of )

On this day of in the year one thousand

eight hundi-ed and before me personally came (the name

of the party of the first part, who is the grantor) who is known by me to be the indi-
vidual described, and who executed the foregoing instrument, and then and there
a^iknowledged that he executed the same as and for his own deed.

(Signature.)

(109.)
Quitclaiin Deed without any Warranty.

This Indenture, Made the day of in the

year one thousand eight hundred and between (name,

residence, and occupation of the grantor) of the first part, and (name, resi-

dence, and occupation of the grantee) of the second part, witnesseth, that the said
party of the first part, for and in consideration of the sum of

lawful money of the United States of America, to him in hand paid, by the said
party of the second part, at or before the ensealing and delivery of these presents,
the receipt whereof is hereby acknowledged, has remised, released and quitclaimed,
and by these presents does remise, release and quitclaim, unto the said party of the
second part, and to his heirs and assigns forever, aU (here describe carefully the land
or premises granted, as directed in Form 107)

Tog'ether with all and singular the tenements, hereditaments and appurte-
nances thereunto belonging or in any wise appertaining, and the reversion and rever^
sions, remainder and remainders, rents, issues and profits thereof And also all
the estate, right, title, interest, property, possession, claim and demand whatsoever,
as well in law as in equity, of the said party of the first part, of, in, or to the above-
described premises, and every part and parcel thereof, with the appurtenances. To
have and to hold all and singular the above mentioned and described premises,
together with the appurtenances, unto the said party of the second part, and his
heirs and assigns forever.

In Witness Wliereof, The said party of the first part has hereunto set his
hand and seal the day and year first above wi-itten.

(Signature.) (5eaZ.)

Sealed and Delivered in the Presence of

State of



County of

On this day of in the year one thousand

eight hundred and before me personally came (the name



FOEMS OF DEEDS. 449

of the grantor) who is known by me to be the individual described, and who ex-
ecuted the foregoing instrument, and acknowledged that he executed the same.

{Signature.')

(110.)
Deed Poll of Release and Conveyance^ Short Form,

Know all 3Ien by these Presents, That I {the name of releasor)

of the County of and State of for and in

consideration of one dollar, to me in hand paid, and for other good and valuable
considerations, the receipt whereof is hereby confessed, do hereby grant, bargain,
remise, convey, release and quitclaim unto {the name of the releasee) of the

County of and State of all the right, title,

interest, claim or demand whatsoever, I may have acquired in, through or by a cer-
tain indenture or deed, bearing date the day of
A.D. 18 and recorded in the office of County, and
State of in book of page
to the premises therein described, to wit {Jiere describe carefully the land or prem-
ises granted, as directed in Form 107)

Witness my hand and seal this day of

A.D. 18

{Signature.) {Seal.)



State of



> 88.



County.

I, in and for said county, in the State aforesaid, do

hereby certify, that {the name of the releasor) personally known to me as

the same person whose name is subscribed to the foregoing deed, appeared before
me this day, in person, and acknowledged that he signed, sealed and delivered the
said instrument of writing as his own free and voluntary' act, for the uses and pur-
poses therein set forth.

Given under my hand and seal, this day of

A.D. 18

{Signature.) {Seal.)

(111.)

Deed, with Sjyecial Warranty against the Grantor only.

lliis Indenture, Made this day of in the year

of our Lord one thousand eight hundred and sixty- between {tha

name (f the grantor) and (name of the wife of grantor) wife o'^ the said

{name of the granto') of the County of and State of



4o0



DEEDS CONVEYING LAXD.



parties of the fii-st part, and (name and residence of the grantee) pi^rt} of the

sefond part : ^Vitnessoth, that the said parties of the first l)art, for and in con-
Bideration of the sum of to them i)aid by the said party of the

seeond \y,\rt, the receipt of -which is heri-by acknowU-tlged, do by these jjresents,
^I'aiit, bargain, ami sell unto the said party of the second part, and his heirs and
assigns, the following-described tract or parcel of land, situate in (here describe
carefully the land or premises granted, as directed in Form 107)

Togretbcr vrith all and singular the tenements, hereditaments, and appurte-
nances thereto belonging, or in any wise a])pertaining, and the reversion and
reversions, remainder and remainders, rents, issues, and profits thereof; and also
all th'^ estate, right, title, interest, projjcrty, possession, claim, and demand whatso-
ever, <is well in law as in equity, of the said parties of the first part, of, in, or to
the al> 've-described premises, and every part and parcel thereof, with the ap j)urte-
nances To have and to hold all and singular the above mentioned and described
premises, together with the appurtenances, unto the said party of the second part
and his heirs and assigns forever.

And the said the said parties of the first part, hereby

expressly waive, release, and relinquish unto the said party of the second part, and
his heirs, executors, administrators, ami assigns, all right, title, claim, interest, and
benefit whatever, in and to the above-described premises, and each and every part
thereof, which is given by or results from all laws of this State pertaining to the
exemption of homesteads.'

And the said parties of the first part, for themselves and their heirs, executors,
and administrators, do hereby covenant, promise, and agree to and with the said
party of the second part, his heirs and assigns, that the said premises against the
claim of all persons, claiming or to claim by, through or under him only, he will
forever wan'ant and defend.

In Testixuouy "Whereof, The said parties of the first part have hereunto
Bet their hands and seals the day and year first above written.

(Signature of grantor.) (Seal)

(Signature of wife of grantor.) (Seal.)

Sealed and Delivered in Presence of



State of



ss.



County.

I, in and for said county, in the State aforesaid, do

l.ereoy certify that (name of the grantor) personally known to me ^as the

same person whose name is subscribed to the annexed deed, appeared before me
this day in person, and acknowledged that he signed, sealed, and delivered the
said instrunier/ of writing as his free and voluntary act, for the uses and purposes
•hen in set forth.

And the said (name of the grantor's wife) wife of the said (name of

Uie grantor) having been by me examined, separate and apart and out of the hear-



FORMS OF DEEDS. 451

ing of her husband, and the contents and meanmg of the sail int^trament of
writing haWng been by me fully made known and explained to her, and she
also by me being fully informed of her right under the Homestead Laws of this
State, acknowledged that she had freely and voluntarily executed the same, and
rehnquished her dower to the lands and tenements therein mentioned, and also
all her ri|^hts and advantages under ami by virtue of all laws of this State relating
to the exemption of homesteads, without compulsion of her said husband, and that
she does not wish to retract the same.

Given under my hand and seal, this day of A.D. 186

(^Signature.) (SeaZ.)



(112.)
Quit- Claim Deed. — Long Form Homestead Waiver.

This Indenture, Made the day of in the yeai

of our Lord one thousand eight hundred and sixty- between {name^

residence, and occupation of the (jrantor, and name of the grantor's wife') parties of
the first part, and (name, residence, and occupation of the grantee) party of

the second part,

"Witnessetb, That the said party of the first part, for and in consideration
of dollars in hand paid by the said party of the second

part, the receipt whereof is hereby acknowledged, and the said party of the
second part, forever released and discharged therefrom, have remised, released,
Bold, conveyed, and quit claimeil, and by these presents do remise, release, sell,
convey, and quit claim, unto the said party of the second part, his heirs and assigns
forever, all the right, title, interest, claun, and demand which the said party of the
first part have in and to the following-described lot , piece , or parcel of land,
to wit (here describe carefullij the land or premises granted, as directed in Form 107)

To llave and to Hold the Same, Together with all and singular the
appurtenances and privileges thereunto belonging, or in any wise thereunto apper-
taining ; and all the estate, right, title, interest, and claim whatever of the said
party of the first part, either in law or equity, to the only proper use, benefit, and
behoof of the said party of the second part, his heirs and assigns forever.

And the said parties of the first part hereby expressly waive, release, and
Telinquish unto the said party of the second part, liis heirs, executors, administra-
tors, and assigns, all right, title, claim, interest, and benefit whatever, ip and to ttie
above-described premises, and each and every part thereof, which is given by or
results from all laws of this State pertaining to the exemption of homesteads.

And the said parties of the first part, for tliemselves and their heirs, executora,
and administrators, do covenant, promise, and agree, to and with the said party
of the second part, their heirs, executors, administrators, and assigns, that they
have not made, done, committed, executed, or suffered any act or Jicts, thing or



452 DEEDS COXVEYING LAXD.

tilings, whatsoever, -whereby, or by means whereof, the above mentioned and
described premises, or any part or parcel thereof, now are, or at any time here-
after shall or may be, impeached, charged, or incumbered, in any way or manner
whatsoever.

In Witness Wliereofi The said party of the fii-st part hereunto set their
bands and seals the day and year above written.

(Signature of grantor.) (SeaJ.)

(Signature of wife of grantor.) (Seal.)
Signed, Sealed and Delivered in Presence of



State of



>-8S.



County.

I in and for said county, and the State aforesaid, do

hereby certify, that (name of the grantor) being personally known to me as

the same person whose name is subscribed to the foregoing instrument of writing,
appeared before me this day, in person, and acknowledged that he signed, sealed,
and delivered the said instrument of Aviiting as his free and voluntary act, for the
uses and purposes therein set forth.

And the said (name of the wife) wife of the said (name of the grantor)

having been by me examined separate and apart, and out of the hearing of her
husband, and the contents and meaning of the said instrument of writing having
been by me fully made known and explained to her, and she also by me being
fully informed of her rights under the Homestead Laws of this State, acknowl-
edged that she had freely and voluntarily executed the same, and relincjuished
her dower to the lands and tenements therein mentioned, and also all her rights
and advantages under and by vu-tue of all laws of this State relating to the
exemption of homesteads, without the comjjulsion of her said husband, and that
she does not wish to retract the same.

Given under my hand and official seal, this day of

A.D, 186 .

(Signature.) (Seal.)

(113.)

Deed, with Covenant afjainsf. Grantor, tvltJiout Release of Home-
stead or Dower.

Tills Indenture, Made the day of in the year

one thousand eight hundred and between (name of the grantor)

(name of the grantee) of the second part, witnesscth,
That the said party of the first part, for and in consideration of the sum of

lawful money of the United States of America, to him in hand
I)aiJ, by the said party of the second part, at or before the ensealing and delivery
of these presents, the receipt whereof is hcr'iby acknowledged, ha granted, bar-



FORMS OP DEEDS, 453

gained, sold, aliened, remised, released, ccnveyed, and confinned, And hy these
presents do grant, bargain, sell, alien, remise, release, convey, and confirm, unto
the said party of the second part, and to his hehs and assigns forever, all (here
describe carefully the land or premises granted, as directed m Form 107)

Together with all and singular the tenements, hereditaments, and appurte-
nances thereunto belonging or in any wise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues, and profits thereof. And also
all the estate, right, title, interest, property, possession, claim, and demand whatso-
ever, as well in law as in equity, of the said party of the first part, of, in, or to the
above-described premises, and every part and parcel thereof, with the appurte-
nances. To have and to hold all and singular the above mentioned and described
premises, together with the appurtenances, unto the said - party of the second part,
and his heirs and assigns forever. »

And the said {name of the grantor^ for himself and his heirs, executors,

and administrators, does hereby covenant, promise, and agree to and with the said
party of the second part, and his heirs and assigns, that he has not made, done, com-
mitted, executed, or suil'ered any act or acts, thing or things whatsoever, whereby
or by means whereof, the above mentioned and described premises, or any part or
parc;el thereof, now are, or at any time hereafter shall or may be, uapeached,
charged, or incumbered in any manner or way whatsoever.

In Witness Wiiereof, The said party of the first part has hereunto set his

hand and seal the day and year first above written.

(Signature.) (Seal.)

Sealed and Delivered in the Presence of



State of

' ss.
County.



:}



I in and for said county, and the State aforesaid, do

hereby certify, that (name of the grantor) being personally known to me as

the same person whose name is subscribed to the foregoing instrument of wi-iting,
appeareil before me this day, m person, and acknowledged that he signed,
sealed, and delivered the said instrument of writing as his free and voluntary act,
for tlie uses and purposes therein set forth.

Given under my hand and official seal, this day of

A.D. 186 .

(Signature.) (Seal.)

(114.)

Separate RclhiquisJunent of Jlomestead and Dower in Land sold
under Exeentlon*

Know all Men by these Presents, That we (name and residence

of the debtor) and (name ofh'is tnfe) wife of the said

of the County of and State of , parties of



454 DEEDS CONYETING LAND.

tlie first pait, for llie sum of one dollar to us paid by {name of the purchase) ^

of the County of and State of parly of the

second part, the receipt whereof is hereby acknowledged, do hereby ag^-ee and con-
sent to let the said party of the second part levy and sell, under a certain execution,
in favor of them, the said party of the second part, and against {navie of Oie

creditor, or the defendant in the suit in which the execution i.'^sued) now in the hands
of the sheriff of the County of and State of ,

and dated the day of A.D. 186 , the following-described

tract of land, situated in the County of and State of ,

to wit (here describe carefully the land or premises granted, as directed in Farm 107),
(and being the same land heretofore held, used, and occupied by the said parties



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions → online text (page 45 of 70)