Deed in Trust. charter], and the acts amendatory thereof, the former passed the day of and for no other use or purpose whatsoever. 18 IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered vered} in presence of 760. Trust Deed.(i) THIS INDENTURE, made the sand eight hundred and and Y. Z., of day of between A. B., of [Signatures and seals.] in the year one thou in the county of merchant [and C. B. his wife], of the first part, in the said county, as trustee for of the second part, WITNESSETH: That the said party [or, parties] of the first part, in consideration of the sum of dollars to him [or, them] paid by the said party of the second part, the receipt whereof is hereby acknowledged [or state other consideration, as the case may be], has [or, have] granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part, and to his heirs and assigns, forever, all [here insert description]. TO HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances and every part thereof, unto the said party of the second part, his successors and assigns, forever, in fee, upon the trusts, nevertheless, and to and for the uses, interests and purposes hereinafter limited, described and declared-that is to say, upon trust to receive the issues, rents and profits of the said premises, and apply the same to the use of M. N., during the term of his natural life, and, after the death of the said M. N., to convey the same by deed to O. P. in fee. IN WITNESS WHEREOF, the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written. [Signatures and seals.] Signed, Sealed and delivered} the presence of [Signature of witness.] 761. Habendum of a Deed in Trust for a Married Woman. TO HAVE AND TO HOLD all and singular the above-described premises, with the appurtenances, unto the said party of the second part, his successors and assigns, forever; IN TRUST for the sole and separate use, benefit and behoof of the said C. B., wife of the said A. B., her heirs and assigns, forever, free from the control, disposal, debts and liabilities of her said husband; and to permit her, the said C. B., to take, collect and receive the rents, issues and profits thereof [or, and to take, collect and receive the rents, issues and profits thereof, and apply the same] to and for her sole (i) For Assignments in Trust, see ASSIGNMENTS. Deed in Trust. and separate use, free as aforesaid, with full and absolute power to the said C. B. of encumbering, alienating or disposing of said premises, or any part thereof, and the rents, issues and profits thereof, as if she were sole, so far as she may by the laws of said State. 762. Deed Conveying in Trust for Support of Grantor's Parents, with Power of Appointment to Them, and a Reservation of Rents for Payment of Encumbrances. day of mer THIS INDENTURE tripartite, made this in the year .one thousand eight hundred and between A. B., of the city of chant, party of the first part, and Y. Z., drygoods dealer, also of the said city, party of the second part, and C. B., of said city, wife of B. B., of said city, party of the third part: WHEREAS the undersigned is desirous to make a provision and settlement for the benefit of his father, mother and sisters, by a conveyance in trust of the property hereinafter mentioned, subject, however, to the reservations herein provided, and to the trusts and powers herein contained: NOW THIS INDENTURE WITNESSETH, that the said party of the first part, for and in consideration of the sum of dollars, to them paid by the said parties of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, remise, release, convey and confirm unto the said parties of the second part, and to their successors and assigns forever, all [here insert description of the premises]. TOGETHER with all and singular the tenements, hereditaments and appurtenances 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 whatsoever of the said party of the first part, both in law and in equity, of, in and to the above-granted premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances, and every part, unto the said party of the second part, his heirs and assigns, forever. [If there is any encumbrance, add, subject to, etc., specifying it.] IT IS, HOWEVER, to be taken and understood as part of this indenture, and as limiting and controlling the grant hereby made to the party hereto of the second part, that the party hereto of the first part hereby retains and reserves the possession, use, occupation, rents, issues and profits of the premises hereby conveyed, for the purpose of paying, and until the mortgage liens now existing upon the said premises shall be paid off or discharged, such retaining and reservation of the possession, use, occupation, rents, issues and profits not, however, to extend beyond the day of one thousand eight hundred and but to terminate sooner if the aforesaid mortgage liens shall be sooner paid off or discharged, or if both B. B. and C. B., the father and mother of the party hereto of the first part, shall sooner depart this life; IN TRUST, nevertheless, subject to the reservation aforesaid, that the Deed in Trust. said party of the second part, his heirs, successors and assigns, shall manage said property hereby conveyed, and shall apply the net income and profits, after deducting for repairs, taxes, assessments and insurance, which shall, from time to time, be realized from the premises hereby conveyed, to the sole and separate use of the said C. B., during her natural life, free and discharged from any rights or claims of or against her husband; the separate receipt or settlement of the said C. B. therefor, to be a full and complete discharge of the said party of the second part; secondly, in trust from the death of the said C. B., to apply the said net income and profits as they shall from time to time arise, to the sole use of the said B. B., and for the support of himself and family during his life. It is further understood and to be taken as part of this conveyance, that the property and premises hereby conveyed at the death of the said B. and C. B. shall vest in the children of the said B. B., or in a trustee or trustees for their benefit, in such shares and proportions, and in such estates as the said B. B. shall by a conveyance or last will and testament order and appoint. It being to be further understood and taken as part of this indenture, that the said B. B. shall have the power of ordering and appointing, or distributing among, or in trust for his children, the fee-simple of said property, or less estate therein, either by a conveyance or by a last will and testament, subject to the aforesaid reservation and life interest, and in such shares and proportions, and in such manner as he shall therein designate and direct, provided, however, that at least one-fourth part thereof shall be appointed to the use of the party hereto of the first part. It being the intent and meaning hereof to clothe the said B. B. with all the power and authority over threefourths of said estate or property, in distributing the same among his children, subject to said reservation and life interests, as the party of the first part would have had, bad not this indenture been executed. And it is further understood and to be taken as part of this conveyance, that if the power of appointment and distribution aforesaid shall not be exercised by the said B. B. during his lifetime, that the same may be exercised by the said C. B., who, upon the death of the said B., without having by a conveyance or last will and testament exercised the power and authority hereby granted, shall have the same power and authority. And the said party hereto of the second part is hereby authorized and directed to convey the property and premises herein and hereby conveyed in pursuance and upon the terms of the order and appointment of the said B. or C. B. legally made under the provisions of this indenture. THIS INDENTURE further witnesseth, that the said party of the first part, for and in consideration of the sum of ten dollars to him in hand paid by the said party of the third part, the receipt whereof is hereby acknowledged, and the said party of the third part forever discharged therefrom, hath granted, bargained, sold, assigned, transferred and set over, and by these presents doth, for himself, his heirs and assigns, grant, bargain, sell, assign, transfer and set over unto the said party of the third part, her heirs and assigns, all the estate, premises and property herein before described and intended to be conveyed, if any, which are not legally vested in or conveyed to the said party of the second part, his heirs and assigns, by virtue of the execution of this indenture, for the Covenant to Account for Collateral Security. uses and purposes herein before mentioned, or which cannot be claimed by the beneficiaries under or through the trusts or persons or the execution thereof herein and hereunder intended to be legally created, authorized and executed, reserving and retaining, however, to the said party of the first part the use, possession, occupation, rents, issues and profits of the said property and premises for the period hereinbefore reserved and retained. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered in presence of [Signatures and seals.] CHAPTER XXIX. DEFEASANCES. WHERE a conveyance of property is made in absolute terms, but the grantee gives an instrument to the grantor, which declares that on a specified condition the grant shall be defeated, the latter instrument is termed a defeasance. The general practice is to embody the terms of the defeasance in the grant itself; and this is the only safe way, especially in conveyances of real property. A separate defeasance is rarely to be resorted to. 763. Defeasance and Covenant to Account, Given on Receiving an Assignment of a Collateral Security. WHEREAS, A. B., of the city of sum of is this day indebted to us in the dollars, and has assigned and transferred to us, by an assignment in writing, under his hand and seal, a certain bond, executed by O. D., of the city of in said city of and a mortgage upon certain premises situated executed by the said C. D., and M. his wife, which bond and mortgage bear date on the eight hundred and of day of one thousand and are conditioned for the payment of the sum dollars, on the day of 18 and the interest thereon from the date of said bond and mortgage, at and after the rate of per cent. per annum, and to be paid semi-annually; which assignment of said bond and mortgage, though absolute in its terms, is intended in fact to be and is received by us as collateral security for the payment of the amount so due to us as aforesaid, and any other sum or sums which may hereafter become due and owing from the said A. B. to us. Now, THEREFORE, in 'consideration of the premises, we do hereby, for ourselves, our heirs, executors and administrators, covenant and agree to and with the said A. B., his executors, administrators and assigns, that we will well and faithfully account to him or them for, and pay over to him or Disorderly Persons. them, any and all moneys which shall be received or collected by us, our executors, administrators or assigns, upon or from the said bond and mortgage, or either of them, over and above the amount so due to us from said A. B., and interest thereon from this date; and that whenever the said amount so due to us, and all interest thereon, shall be fully paid to us, we will reassign the above-described bond and mortgage to him, his executors, administrators or assigns, provided the said bond and mortgage shall not then have been paid in full or otherwise satisfied or foreclosed. But it is expressly understood that nothing in this agreement is to prevent our prosecuting said bond or foreclosing said mortgage for the purpose of enforcing the payment of the moneys secured thereby, in case of any default in the payment thereof or in the performance of any of its conditions, according to the terms thereof. IN WITNESS WHEREOF, we have hereunto set our hands and seals, this day of 18 [Signatures and seals.] CHAPTER XXX. DISORDERLY PERSONS, VAGRANTS, ETC. By the statutes of some of the States relating to this subject, an enumeration is made of two classes of offenders :(a) 1st, vagrants; 2d, disorderly persons. Under the head of vagrants are embraced: 1st, idle persons, living without employment, and having no visible means of support; 2d, beggars; 3d, persons wandering abroad, and sleeping in the open air, or other specified places. And disorderly persons are substantially designated as: 1st, those who abandon their wives and familes; 2d, prostitutes; 3d, fortune-tellers; 4th, mountebanks; 5th, common showmen; 6th, gamblers; and 7th, keepers of bawdyhouses. 768. Record of conviction of vagrant, with commitment to poorhouse.. 400 402 774. Commitment of disorderly person in default of sureties... (a) This is the provision of the New York Statute. 1 Rev. Stat., 633, 638. There are other local statutes. |