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vers other good causes and considerations, me the said A B hereunto moving, Have given, granted and confirmed, and by these presents Do give, grant and confirm unto the said C B all and singular my goods, chattels, leases and personal estate whatsoever, in whose hands, custody or possession soever they be ; To havc, hold and enjoy all and singular the said goods, chattels and personal estate aforesaid, unto the said C B, her executors, administra. tors and assigns, to the only proper use and behoof of the said CB, her executors, administrators and assigns forever. And I the said A B all and singular the said goods, chattels, personal estate and other the premises to the said CB, her executors, administrators and assigns, against me the said A B, my executors and administrators and all and every other person and persons whatsoever, shall and will warrant, and forever defend by these presents ; of all and singular which said goods, chattels, personal estate and other the premises, I the said A B have put the said C B in full possession by delivering to her one pewter dish, at the time of the sealing and delivery of these presents, in the name of the whole premises hereby granted. In witness, &C.
Deed of Gift by a Father to a Son of his personal
property. The son to pay his fither's debts, and to allow him an annual sum ; on defuult of
payment, the father to re-enter, &c. VT HIS indenture made the &c. Between A B of, &c.
of the one part, and C B of &c. of the other part, Whereas the said A B, being the father of the said C B by reason of his age and infirmities, is not capable of attending to his estate and affairs as formerly, and has therefore agreed for advancement of the said CB, to make over his property to the said C B, so that the said CB should pay the debts of the said A B, and afford him a maintenance as is hereinafter mentioned; Now this indenture witnesseth, that the said A B, in order to carry the said agreement into effect, and in consideration of the natural love and affection which he hath for and towards his son the said CB, and of the provisoes, covenants and
agreements hereinafter mentioned by the said C B, to be observed and performed, hath given, granted, bargained, sold and assigned, and by these presents doth give, grant, bargain, sell and assign unto the said C B; his executors, administrators and assigns, all and singular his household goods, implements of household, stock in trade, debts, rights, credits and personal estate whereof he is now pos. sessed, or any ways interested in or entitled unto, of what nature or kind soever the same are, or wheresoever or in whosesoever hands they be or may be found, with their and every of their rights, members and appurtenances ; To have and to hold the said goods, household stuff, stock in trade, debts, rights and personal estate, and other the premises unto the said C B, his executors, administrators and assigns forever, without rendering any account or being therefore in any wise accountable to the said A B, his heirs, executors or administrators for the same.
And the said CB, for himself, his heirs, executors and administrators doth covenant, promise, grant and agree to and with the said A B, his executors, administrators and assigns in manner and form following, that is to say : that he the said CB, his heirs, executors and administrators, shall and will settle, pay, discharge and satisfy, or cause to be settled, paid, discharged and satisfied, all accounts, debts, judgments and demands of every nature and kind whatsoever, now outstanding, against, or now due, from, or payable by the said. A B, or for the payment of which the said A B shall be liable or be held liable, either at law or in equity, on account of any matter, cause or thing heretofore had, suffered, done or performed, and at all times hereafter free, discharge, and keep harmless and indemnified the said AB, his heirs, executors and ad. ministrators from all and every such accounts, debts, judgments and demands, and from all actions, suits and damages, that may to him or them arise, by reason of the non-payment thereof : AND MOREOVER that he the said CB, his heirs, executors and administrators shall and will yearly and every year during the term of the natural life of the said A B, by four equal quarterly payments, the first to begin on the day of next, well and truly pay, or cause to be paid to the said CD, or his assigns, the sum of.- for or towards his support or maintenance, or find and provide for hin sufficient meat, drink, washing, lodging, apparel and attendance, suitable to his state and situation at the choice and eleca tion, from time to time of the said A B.
Provided always and upon this condition, and it is the true intent and meaning of these presents that if the said CB, his heirs, executors or administrators, shall neglect or refuse to pay the said accounts, debts, judgments and demands according to his covenant aforesaid, or shall suf'fer the said A B to be put to any cost, charge, trouble or expense, on account of the same, or shall neglect or refuse to pay the said annual sum in manner aforesaid, or to find and provide for the said A B as aforesaid, that then in all, any, or either of the cases aforesaid, it shall and may be lawful to and for the said A B, all and singular the premises hereby granted to take, re-possess and enjoy, as in his former estate. In witness, &c.
Deed of Gift of Goods to be used by the Giver dur.
ing Life. TY NOW all men by these presents that I, MB of
- in consideration of the natural love and affection which I have and bear to my nephew F S of and · for and towards the better support and maintenance of him after my decease, and for divers other good causes, and valuable considerations me thereunto especially moving, have given, granted and sold, and by these presents do give, grant and sell unto the said FS, all and singular my goods and chattels whatsoever and wheresoever, and of what nature, sort or kind soever ; To have and so hold the said goods and chattels hereby granted, bargained and sold, and every part and parcel thereof, unto the said F S, his executors, administrators and assigns, as his and their own proper goods, chattels and effects, from henceforth forever : Provided always, and these presents are upon this special trust and confidence, and upon this express condition, that he the said F S, his executors, administrators and assigns, shall and do permit and suffer me the said M B, to use, keep and enjoy all and singular the said goods and chattels (or if a part specify them) during my natural life without paying or yielding any dhing for the same, or in respect thereof and not other. wise : And that from and after my decease he the said FS, his executors, administrators or assigns, shall or lawfully may have, hold, and enjoy the same and every. part and parcel thereof, and dispose thereof, and convert the same to his and their own proper use and behoof, as he or they shall think fit. In witness, &c.
A Grant of an Annuity by Indenture. THIS Indenture made, &c. between A B of of the
1 one part, and C D of of the other part, witnesseth, That the said A B, for and in consideration of the sum. of -- to him in hand well and truly paid by the said C D, at or before the sealing and delivery of these presents, the receipt whereof the said A B, doth hereby acknow- **** ledge, hath given, granted and confirmed, and by these presents doth give, grant and confirm unto the said CD and his assigns, one annuity of - to be received, táken, had, and to be issuing out of all that messuage, &c. with all and singular, the appuntenances thereunto belonging, and every part and parcel thereof, unto the said. C Sana his assigns, for and during the natural life of him the said C D payable and to be paid at and upon yearly by even and equal portions ; the first payment to begin and be made at or upon - And if it shall happen that the said annuity of or any part thereof be behind or unpaid, in part or in all, by the space of twenty-one days next after either of the said days or times of payment thereof, whereupon the same should or ought to be paid as afore. said ; that then, and so often, and at any time thereafter, it shall and may be lawful to and for the said C D and his assigns, into and upon the said messuage and premises above mentioned;or any part thereof, to enter and distrain, and the distress and distresses then and there found, to take, lead, drive, carry away and impound, and the same impound to take, hold and keep, until the said annuity and the arrears thereof (if any shall be) together with all costs and charges thereabout, or concerning the same, shall be fully paid and satisfied. And the said AB, for himself, his heirs, executors and administrators, doth covenant, grant and agree, to and with the said OD, his executors, administrators and assigns, that he the said A B, his heirs,
executors or adıninistrators, shall and will well and truly pay or cause to be paid unto the said CD, his executors, administrators or assigns, the said annuity or yearly rent, charge, &c. above, at the days and time, and in manner and form, as above expressed and limited for payment thereof, according to the true intent and meaning of these presents. And also that the said messuage, &c. above mentioned to be charged or chargeable with the said annuity hereby granted shall from time to time be and continve over, and sufficient for the payment of the said annuity of yearly, during the life of the said C D. Io witness, &c.
PRACTICAL REMARKS. A lease is a conveyance of lands, providing for an año nual recompense.
It may be for life, for years, or at will, but always must be for a less time than the lessor has in the premises.
If the conveyance is made for the whole interest of the grantor, it is more properly an assignment, or a bargain and sale, than a lease, although a rent is reserved.
This distinction is perhaps not otherwise material, , than that in the case of a lease, properly so called, the lessor may distrain of common right, and without a power for such purpose in the lease ; whereas in the other cases, it is necessary to have a clause or covenant of distress. · Thus in what are called durable leases, which are in fact conveyances of the fee, if a rent is made payable, it is not a charge on the land, warranting a distress, without a clause for such purpose.
All leases not in writing, and signed by the lessor, have only the effect of leases at will, except leases not exceeding the term of three years, with a rent amounting at least to two thirds of the annual improved value.
Any words sufficient to explain the intent of the parties, that the one shall give up the possession, and the other come into it for a determigate time, will in construction of law amount to a lease