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UNDIVIDED SHARE OF A. MARRIED WOMAN.
CONVEYANCE of the UNDIVIDED Share of a
cy in common in L.
Parties. THIS INDENTURE, made &c. BETWEEN A. B., of
&c., and C. B., his wife, [vendors], of the one part; D. E., Recital of will of &c., [annuitant], of the second part; F. G., of &c., creating tenan
lin (purchaser], of the third part; and H. I., of &c., (trustee],
o fee, amongst of the fourth part: WHEREAS T. R., late of &c., being daughters of M. N. and S. n., seised or entitled for an estate of inheritance in fee-simple subject to life, in possession of or to the messuage, farm, lands, and other and other prior estates, 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.
SHARE OF A
will and testament in writing, bearing date the day of UNDIVIDED
- , 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 ; testat AND WHEREAS there was issue of the said M. N. by the —of six daugh
ters, being the said S. N. six children and no more, namely, the said C. B. and five other daughters ; And WHEREAS the said P. B., M. N. and one of the five other daughters, died in the year of under the age of twenty-one years, and without having been one daughter; married ; AND WHEREAS the said S. N., died in the month of death of
M. N. and of , and the said M. N. in the month of — ; AND S. N. WHEREAS the said A. B. and C. D. have contracted and —of contract agreed with the said F. G. for the absolute sale to him of for sale. the said undivided share, intended to be hereby released and disposed of, of the said hereditaments hereinafter para ticularly mentioned, and the inheritance of the said share in fee-simple in possession, free from incumbrances, at or
UNDIVIDED for the price or sum of £ ; AND WHEREAS the said
_ C. D., to join in these presents, in manner and for the -of annuitant purpose hereinafter mentioned. NOW THIS INDENhaving agreed to join.
TURE WITNESSETH, that, in pursuance of the said Witnesseth. 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 Receipt 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, exe
cutors, administrators, and assigns, for ever, by these preConveyance. sents), 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 58. a piece, &c., ut supra,
As to the wife's joining in the lease for a year.
(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 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).
SHARE OF A
p. 198), and his heirs, All that the one undivided fifth part UNDIVIDED or share (the whole into five equal parts being considered as MARRIED divided), to which the said C. B. is entitled as hereinbefore WOMAN. 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.
and doinie Covenants by doth hereby for himself, his heirs, executors, and adminis- i
so the husband of trators, covenant with the said F. G. and his heirs, by these the vendor, presents, in manner following, (that is to say), that, for and --for title; 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 hereinbefore 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;
hereinbefore released, or expressed and intended so to be,
- for further assurance.