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XLVI.

CONVEYANCE of the UNDIVIDED SHARE of a
MARRIED WOMAN in Freehold Estate, EQUIT-
ABLE RELEASE of an ANNUITY.

THIS INDENTURE, made &c. BETWeen A. B., of
&c., and C. B., his wife, [vendors], of the one part; D. E.,
of &c., [annuitant], of the second part; F. G., of &c.,
purchaser], of the third part; and H. I., of &c., [trustee],
of the fourth part: WHEREAS T. R., late of &c., being
seised or entitled for an estate of inheritance in fee-simple
in possession of or to the messuage, farm, lands, and other
hereditaments hereinafter particularly mentioned, and an
undivided share of which is intended to be hereby released
and disposed of, duly made, signed, and published his last

are therefore not entitled to call upon the assignee to enter into covenants for their indemnity. (Wilkins v. Fry, 1 Mer. 244). The bankrupt is expressly released from liability if the assignees accept the lease. (See stat. 6 Geo. 4, c. 16, s. 75, supra, n. (a)). Of course the value of the lease is considerably enhanced by the purchaser being exempted from the necessity of entering into covenants to pay the rent and observe the covenants, because he can at any time determine his liability by assigning the lease; whereas, in ordinary cases, by an assignment he only relieves himself from direct responsibility to the lessor, and remains liable to the assignor, whom he has covenanted to indemnify. (See supra, p. 86, n. (h), and p. 338, n. (h) ).

The case is, however, altered if the bankrupt be not the lessee, but an assignee, and have entered into covenants to indemnify the lessee, for the statute does not extend to discharge the bankrupt from the obligation of such covenants. It is, however, clear that he cannot, even under these circumstances, require an indemnity; (Wilkins v. Fry, ubi supra); but he will, in all probability, make it the condition of his joining in the assignment, that he shall obtain covenants by the purchaser for indemnifying him against the liabilities of his own covenants.

will and testament in writing, bearing date the

day of

UNDIVIDED

SHARE OF A
MARRIED

WOMAN.

-, and thereby, after directing his debts and funeral and testamentary expenses to be paid by his executors, gave and bequeathed unto his son, the said D. E., the sum and to an annuity; of 10s. a week during his life, to be paid and payable out of the estate, (meaning thereby the said hereditaments hereinafter particularly mentioned, and an undivided share of which is intended to be hereby released and disposed of); and the said testator, by his said will, devised the same estate, subject to the payment of the said weekly sum, To THE USE of M. N. and his assigns, for his life, with remainder To THE USE of X. Y. and Y. Z. and their heirs, during the life of the said M. N., in trust for him and his assigns, and to preserve contingent remainders, with remainder To THE USE of the testator's daughter, S. N., the wife of the said M. N., and her assigns, for her life, with remainder [to trustees, ut supra], with remainder To THE USE of the first and other sons of the said M. N. by the said S. N., successively in tail, with remainder TO THE USE of all and every the daughters of the said M. N. by the said S. N., as tenants in common in fee, with limitations in the nature of cross remainders in case of the death of any of them under the age of twenty-one years, without issue, amongst the survivors or others of them, as tenants in common in fee; AND WHEREAS the said T. R. died in the month of of death of without having revoked or altered his said will; AND WHEREAS there was issue of the said M. N. by the said S. N. six children and no more, namely, the said C. B. and five other daughters; AND WHEREAS the said P. B., one of the five other daughters, died in the year under the age of twenty-one years, and without having been married; AND WHEREAS the said S. N., died in the month of and the said M. N. in the month of —; AND WHEREAS the said A. B. and C. D. have contracted and agreed with the said F. G. for the absolute sale to him of the said undivided share, intended to be hereby released and disposed of, of the said hereditaments hereinafter particularly mentioned, and the inheritance of the said share in fee-simple in possession, free from incumbrances, at or

testator;

of six daughters, being the only issue of M. N. and

S. N.

of death of

one daughter; of death of

M. N. and

S. N.

of contract for sale.

UNDIVIDED

SHARE OF A

MARRIED
WOMAN.

of annuitant having agreed

to join. Witnesseth.

Receipt.

for the price or sum of £; AND WHEREAS the said D. E. has agreed, at the request of the said A. B. and C. D., to join in these presents, in manner and for the purpose hereinafter mentioned. NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement in this behalf, and in consideration of the sum Consideration. of £—, to the said A. B. and C. B. paid by the said F. G. at or immediately before the sealing and delivery of these presents, (the receipt of which said sum of £ they the said A. B. and C. B. do hereby acknowledge, and of and from the same and every part thereof do, and each of them doth, acquit, release, and discharge the said F. G., his heirs, executors, administrators, and assigns, for ever, by these presents), she the said C. B., with the concurrence of the said A.B., (testified by his being a party to and executing these presents), doth by this present deed, grant, alien, release, and dispose of, and he the said A. B. hath granted, aliened, released, and confirmed, and by these presents doth &c., unto the said F. G., (in his actual possession now being by virtue of a bargain and sale thereof to him made by the said A. B. and C. B. (a), in consideration of 5s. a piece, &c., ut supra,

Conveyance.

As to the wife's joining in the

(a) The husband alone can make a lease of the wife's land, which will be valid at least during the coverture, (see 4 Cru. Dig. 62), and therefore lease for a year. it is by no means essential to make the wife a party to the bargain and sale for a year. Even if the coverture should determine before the expiration of the year the conveyance would not be invalidated, because it is sufficient if at the time of the conveyance there be an estate of some sort subsisting, so as to create a reversion in the grantor. See supra, p. 198, n. (1).

In practice, however, when the estate is the wife's, she should join in making the lease for a year, and should acknowledge that deed as well as the release; for otherwise, in every subsequent investigation of title it will be necessary to furnish evidence of a legal marriage having taken place.

As to the mode of acknowledgment, see ante, p. 198, n. (k), and the authorities there cited. As to acknowledgment before a notary public abroad, see Ex parte Mann, 5 Bing. N. C. 226.

By the 91st section of the act 3 & 4 Will. 4, c. 74, the Court of Common Pleas is authorized, in certain cases, to dispense with the husband's concurrence. (See Ex parte Gill, 1 Bing. N. C. 168, and corrigenda; Ex parte Shirley, 5 Bing. N. C. 226).

UNDIVIDED

SHARE OF A

MARRIED

WOMAN.

Covenants by

the husband of

the vendor, for title;

p. 198), and his heirs, ALL THAT the one undivided fifth part or share (the whole into five equal parts being considered as divided), to which the said C. B. is entitled as hereinbefore is mentioned, of and in ALL THAT &c. [parcels], and of Parcels. and in [general words], To HAVE AND TO HOLD the said Habendum. undivided fifth part or share hereinbefore released and disposed of, or expressed and intended so to be, of the said hereditaments hereinbefore particularly mentioned, and all and singular other the premises hereinbefore released and disposed of, or expressed and intended so to be, unto the said F. G., TO SUCH USES &c. [common uses to bar dower, with the usual declaration, supra, p. 214]: AND THE SAID A. B. To uses. doth hereby for himself, his heirs, executors, and administrators, covenant with the said F. G. and his heirs, by these presents, in manner following, (that is to say), that, for and notwithstanding any act, deed, matter, or thing whatsoever, by them the said A. B. and C. B., or either of them, or the said T. R., made, done, committed, or executed, or knowingly or willingly suffered to the contrary, she the said C. B., or the said A. B., in her right, at the time of the sealing and delivery of these presents, is lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to the said part or share and premises herein before granted and released, or expressed and intended so to be, and every part thereof, for a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee-simple, without any manner of condition, use, trust, property, power of revocation, equity of redemption, or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, defeat, incumber, revoke, or make void the same; AND THAT, for for right to and notwithstanding any act, deed, matter, or thing what- convey; soever as aforesaid, they the said A. B. and C. B. now have in themselves respectively good right, full power, and lawful and absolute authority to grant, release, dispose of, and confirm the said part or share and premises hereinbefore granted, released, disposed of, and confirmed, or expressed and intended so to be, to the uses and in manner aforesaid, according to the true intent and meaning of these presents, AND THAT the said part or share and premises

UNDIVIDED

SHARE OF A

MARRIED

WOMAN.

-free from incumbrances;

-for further

assurance.

hereinbefore released, or expressed and intended so to be, shall and may, from time to time and at all times hereafter, go and remain to the uses, upon the trusts, and with, under, and subject to the power hereinbefore limited and declared of and concerning the same, and be peaceably and quietly entered into and upon, and be held, occupied, possessed, and enjoyed, and the rents, issues, and profits thereof, and of every part thereof, had, received, and taken accordingly, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of or by them the said A. B. and C. B., or either of them, or the heirs of the said C. B., or of or by any other person or persons lawfully or equitably claiming or to claim by, from, under, or in trust for them or any of them, or by, from, or under the said T. R.; AND THAT, free and clear, and freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged or otherwise by the said A. B., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless and indemnified of, from, and against all and all manner of former and other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered, by the said A. B. and C. B., or either of them, or the heirs or assigns of the said C. B., or any person or persons lawfully or equitably claiming or to claim by, from, or under, or in trust for them or any of them, or by, from, or under the said T. R.; AND FURTHER, THAT they the said A. B. and C. B., and the heirs of the said C. B., and all and every other person and persons whosoever, having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said part or share and premises herein before released, or expressed and intended so to be, or any of them, or any part thereof, by, from, or under, or in trust for the said A. B. and C. B., or either of them, or the heirs of the said C. B., or by, from, or under the said T. R., shall and will, from time to time and

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