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"Do grant, bargain and sell, release and confirm unto the said Grantees their heirs and assigns As Tenants by Entireties, All That Certain, &c.,'

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In the habendum, that is the To Have and To Hold clause, (See Par. 55 a) insert the words, "As Tenants by Entireties" immediately after the habendum so that the habendum will read:

"To have and To Hold said lot or piece of ground above described with the buildings and improvements thereon erected, hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances unto the said Grantees, their heirs and assigns to and for the only proper use and behoof of the said Grantees their heirs and assigns forever As Tenants by Entireties."

230. Deed by Attorney In Fact.

THIS INDENTURE made the Twenty-first day of November, in the year of our Lord One thousand nine hundred and eight, between JOHN JONES, of the City of Philadelphia, and AGNES his wife, of the first part, by JOHN JACOBS, their attorney in fact, specially constituted by power of attorney bearing date the Second day of September, A. D. 1908, and recorded in the office for recording of deeds in and for the County of Philadelphia, in Letter of Attorney book W. S. V., No. 272, page 341, as by reference thereunto being had, appears, and HENRY BROWN of the City and County of Philadelphia, State of Pennsylvania, of the second part; WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar, lawful money of the United States, to him in hand paid by the said party of the second part, at and before the ensealing and delivery of these presents, the receipt and payment whereof he doth hereby acknowledge, hath granted, bargained, sold, released, and confirmed and by these presents doth grant, bargain, sell, release, and confirm, unto the said party of the second part, and to his heirs and assigns, all that messuage, &c., (here set out the description of the property, after which may be set out the recital). Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereto belonging, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate and interest whatsoever of him, the said party of the first part, in law

or equity, of, in, to, or out of the same. To have and to hold the premises hereby granted, or intended so to be, with the appurtenances, unto the said party of the second part, his heirs and assigns, to the use of the said party of the second part, his heirs and assigns, forever. And the said party of the first part, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree to and with the said party of the second part, his heirs and assigns, that he, the said party of the first part, and his heirs, the above-mentioned and described premises, with the appurtenances, unto the said party of the second part, against the said party of the first part, and his heirs, and against all and every other person or persons whomsoever lawfully claiming or to claim, "by, from, or under him, them or any of them," shall and will warrant and forever defend by these presents.

IN WITNESS WHEREOF the said party of the first part, by JOHN JACOBS their attorney in fact, have hereunto set their hands and seals, the day and year first above written.

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On the 21st day of November, A. D. 1908, before me the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in Philadelphia, personally came the above named JOHN JACOBS and in his own name and the name of his constituents the above named JOHN JONES and AGNES JONES in due form of law acknowledged the above written indenture to be his own act and deed and the act and deed of his Constituents, the said JOHN JONES and AGNES JONES done and executed by virtue of a letter of attorney to him for that purpose granted; to the end that the same might be recorded as such.

WITNESS my hand and notarial seal the day and year aforesaid. WILLIAM F. BELSTERLING,

(Seal.)

Notary Public. Commission expires, &c.

231. Executors'* Deed Where Authority to Sell is Given in a Will. THIS INDENTURE made the Fifteenth day of January, in the year of our Lord one thousand nine hundred and nine, between ADAM BROWN and ANDREW BLACK, of the City of Philadelphia, Executors of the last will and testament of JOHN JONES, late of Philadelphia, of the one part, and GEORGE SMITH, of Philadelphia, of the other part: WHEREAS the said JOHN JONES, by virtue of divers good conveyances and assurances in law, duly had and executed, became in his lifetime seized in his demesne, as of fee, amongst other lands, of and in a certain messuage or tenement and tract of land, situate in the City of Philadelphia, County of Philadelphia aforesaid, containing Two hundred acres, be the same more or less; and being so thereof seised, made his last will and testament in writing, bearing date the Twenty-third day of June, A. D. One thousand nine hundred and ten, wherein and whereby, amongst other things, he ordered that the whole of his real estate should be sold by his Executors thereinafter named, of which said will he appointed ADAM BROWN and ANDREW BLACK Executors, as in and by the said recited will, since his decease duly proved, and remaining in the Register's office at Philadelphia, recourse being thereunto had, appears: Now this indenture witnesseth, that the said ADAM BROWN and ANDREW BLACK, Executors as aforesaid, for and in consideration of the sum of One Dollar, to them in hand paid by the said GEORGE SMITH at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, and confirmed, and by these presents, by force and virtue of the said last recited will, do grant, bargain, sell, alien, release, and confirm, unto the said GEORGE SMITH all that above-mentioned and described messuage, &c., bounded and described as follows: beginning, &c. (here describe the premises.) Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or any wise appertaining, and the reversions and remainders,

*Neither an executor nor an administrator, unless the authority is given either by the will, or by the orphans' court where the personal estate is insufficient to pay debts, has any power to sell or interfere with a decedent's real estate. In drawing an executor's deed, first ascertain the source of his power and recite it in the deed. For form of deed of executor empowered by the orphans' court to sell real estate for payment of debts, consult administrator's form, Par. 232.

Covenant in brackets may be omitted.

rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatsoever of the said JOHN JONES at and immediately before the time of his decease, in law or equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold the said messuage or tenement and tract of Two hundred acres of land, hereditaments, and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said GEORGE SMITH, his heirs and assigns, to the only proper use and behoof of the said GEORGE SMITH, his heirs and assigns, forever. (And the said Adam Brown and Andrew Black, Executors aforesaid for themselves, their heirs, executors, and administrators, do severally, and not jointly, nor the one for the other, or for the act or deed of the other, but each for his own acts only, covenant, promise, and agree to and with the said GEORGE SMITH his heirs and assigns, by these presents, that they, the said ADAM BROWN and ANDREW BLACK, have not heretofore done or committed any act, matter, or thing whatsoever, whereby the premises hereby granted, or any part thereof, is, are, or shall or may be impeached, charged, or encumbered in title, charge, estate, or otherwise howsoever.)

IN WITNESS WHEREOF the said parties have hereunto set their hands and seals the day and year first above written.

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On the Fifteenth day of January A. D. 1909, before me the subscriber, one of the Justices of the Peace in and for the said. County, personally appeared the above named ADAM BROWN and ANDREW BLACK, Executors under the last will and testament of JOHN JONES, and in due form of low acknowledged the foregoing to be their and each of their respective act and deed as such Executors to the intent that the same might be recorded as such. WITNESS my hand and seal the day and year aforesald.

(Seal.)

CLEMENT HERMAN,

Justice of Peace.

232. Deed by Administrator or Executor* Where Land is Sold at Public Sale by Order of Orphans' Court for Payment of Debts. THIS INDENTURE, made the Fifth day of July, in the year of our Lord on thousand nine hundred and three, between JOHN BURNS, and WILLIAM JONES, Administrators of all and singular the goods, and chattels, rights and credits which were of WILLIAM DOE, late of Philadelphia, merchant, who died intestate, of the one part, and JOHN JAMES, of Philadelphia, of the other part: Whereas the said WILLIAM DOE, in his lifetime and at the time of his death, was seized in his demesne, as of fee, of and in a certain tract (or tracts, as the case may be) of land, situated in Philadelphia, containing three acres: And whereas, letters of administration of all and singular the goods and chattels, rights and credits which were of the said WILLIAM DOE at the time of his death, were afterwards, in due form of law, committed to the aforesaid JOHN BURNS and WILLIAM JONES: And whereas, by the petition of the JOHN BURNS and WILLIAM JONES, to the Judges of the Orphans' Court, held in and for the County of Philadelphia, at Philadelphia; the first day of November A. D. 1903, setting forth that the personal estate of the said WILLIAM DOE was not sufficient to pay his just debts, a schedule of which, together with an inventory of the said debts, and also a statement of all the real estate of said decedent, was thereto attached and praying said Court to allow them to make sale of so much of the said lands as the said Court should judge necessary for the purpose aforesaid; and thereupon it was considered and ordered by the said Court, that the lands hereafter described should be sold according to the prayer of the petitioners: And whereas, in pursuance of the said order, and by force and virtue of the laws of the Commonwealth of Pennsylvania in such case made and provided, afterwards, to wit, on the third day of December, A. D. 1903, at Philadelphia, the said JOHN BURNS and WILLIAM JONES

*Until bond has been entered by the administrator or executor, selling under direction of the orphans' court, his deed is ineffectual to pass title, hence at the settlement demand the production of a certificate from the clerk of the orphans' court that bond has been entered in conformity to the decree of the court. It is good practice to record this certificate with the deed, though often this is not done. The best practice, however, is to have the clerk of the orphans' court certify on the deed both to decree authorizing the sale and to the entry of the bond. See end of deed, form Par. 234, page 293. In this way all of the advantages of recording this certificate are obtained, while the cost of recording it as a separate instrument is saved.

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