« ForrigeFortsett »
party of the first part, his heirs or assigns, or of any other person or persons lawfully claiming or to claim the same: and that the same now are free, clear, discharged and unincumbered, of and from all former and other grants, titles, charges, estates, judgments, taxes, assignments inio of what nature or kind soever. And, also, that the said party of the first part, and his heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title, or interest, of, in, or to, the herein granted premises, by, from, under, or in trust for, him or them, shall and will, at all time or times, hereafter, upon the reasonable request, and at the proper costs and charges in the law of the said party of the second part, his heirs and assigns, make, do and execute, or cause to be made, done and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances, in the law, for the better and more effectually vesting and confirming the premises hereby granted, or so intended to be, in and to the said party of the second part, his heirs and assigns, forever, as by the said party of the second Fo his heirs or assigns, or his or their counsel, learned in the aw, shall be reasonably advised, devised, or required: And the said A. B., for himself and his heirs, the above described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said party of the first part and his heirs, and against all and every person and persons whomsoever, lawfully claiming, or to claim the same, shall and will warrant, and by these presents forever defend. In witness, &c.,
Gift of Personal Estate, by Deed.
Know all men by these presents: That I, A. B., of &c., in consideration of the natural love and affection which I have and bear for my sister C. B., and also for divers 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 and personal estate, of every name and nature, in whose hands, cnstody, or possession, soever, they be: [or, the following goods and chattels, viz., &c.; describing then j To have and to i. d all and singular the said, &c., &c.
Deed of Gift of Real Estate.
This indenture, made, &c., between A. B., of, &c., of the one part, and R. B., son of the said A. B., of the other part, witnesseth : That the said A. B., as well for and in consideration of the natural love and affection, which he, the said A. B., hath and beareth unto the said R. B., as also for the better maintenance, support and livelihood of him, the said R. B., hath given, granted and confirmed, and by these presents doth give, grant and confirm, unto the said R. B., his heirs and assigns, all, &c., [descri tion :] To have and to hold all and singular the premises hereby granted and given, with all and singular, &c., &c.
Deed of Gift to a Married Woman–Habendum Clause.
To have and to hold the same to her the said , her heirs and assigns forever, to and for her and their sole and separate use, benefit and behoof, forever, as her separate property, and free from the management and control of her said . the rents, issuo and profits to be applied to her sole and separate use.
This conveyance being intended to operate by way of “gift,” according to the meaning of that word as first used in the first section of an act entitled “An Act to define the Rights of Husband and Wife,” passed on the 17th day of April, 1850, by the legislature of the state of California, and to be followed by the legal effects therein given to acquisitions by a married woman of pro erty by “gift,” to wit: That such acquisition shall be her separate property, and not the common property of the husband and wife, and it being also intended to secure to the said the rents, issues and profits of the said premises above described to her sole and separate use, in accordance with the provisions of the said act as amended by the act of , 1853.
In witness whereof, &c.
Concluding part of Trust Deed for Benefit of Wife.
To have and to hold all and singular, the said hereinbefore granted and described premises unto the said E. F., his heirs and assigns, ..". the trusts nevertheless, and to and for the uses, interests and purposes hereinafter limited, described and declared. That is to say, upon trust for H. B., wife of A. B., as her sole, exclusive, separate and only use and benefit, exclusive of any and all rights, title, interest, power and claim of her said husband, A. B., one of the parties of the first part to these presents, therein, and for all liability for the payment of any of his debts, or on account of any of his acts, or on his account by reason of their said marriage relation or otherwise.
And upon this further trust, that the said E. F., his heirs and assigns, shall take possession of said premises and receive the issues, rents and profits of the said premises, and apply the same to the use of the said H. B., during the term of her natural life, and that her sole and separate receipt therefor, shall be an acquittance, and after the death of the said H. B., convey the same to the heirs of the said H. B. in fee. And upon this further trust, that he the said E. F., his executors and administrators, shall and may, in his and their discretion, sell, dispose of, vest and reinvest said real estate and income thereof. And that the said party of the second part, and his heirs and assigns, shall and may at all times hereafter peacefully and quietly have, hold, use, occupy, possess and enjoy the above granted, bargained and described premises, and every part ...i parcel thereof, with the appurtenances, and receive and take the rents, issues and profits thereof to and for his and their own proper use and benefit, without any loss, suit, hindrance or molestation, eyiction or denial of, from or by the said parties of the first part, their heirs and assigns, or of, from or by any other person whomsoever, lawfully claiming or to claim any estate, right, title or interest of, in or to the same, by, through or under them or either of them. In witness whereof the parties to these presents have hereunto interchangeably set their o and seals, &c.
To have and to hold all and singular the above-mentioned and described premises, together with the appurtenances unto the said party of the second part, his heirs, and successors foreVer.
In trust, nevertheless, for the sole and separate benefit and behoof of the said , wife of, &c., her heirs and assigns forever, free from the control or disposition, debts and liabilities of her said husband, and to permit and suffer her, the said * to take, collect, and receive the rents, issues, and profits thereof, to and for her sole and separate use, free from the control or disposition, and from the debts and liabilities of her said husband, with full and absolute power to the said of incumbering, disposing of, and alienating said premises above described, or any
art thereof, together with the rents, issues, and profits thereof,
y deed, or i.i. will and testament, or otherwise, as if she were sole and unmarried, so far as she may by the laws of the statute of California.
In witness whereof, &c.
Deed of Release of Property from Attachment.
For and in consideration of the sum of dollars to me in hand paid by A. and B., I do hereby grant, remise, release, and forever discharge the following described lands and premises, to wit: * together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or appertaining, and the rents, issues, and profits thereof, from all claim to or interest in the same, or any part thereof, which I may have under and by virtue of a certain writ of attachment issued out of the district court of the judicial district, in an action pending in said court, between me, as plaintiff, and the said A. and B., as defendants, and tested on the day of , in the year 1859, and from all lien or incumbrance that has attached to the same by reason of the issuing or levy of said writ of attachment, as free and clear in all respects as though said writ of attachment had not been issued or levied ; and also from any and all claim to or interest in the premises, by reason of any other matter or thing soever.
In witness whereof, I have hereunto, and to a duplicate hereof,
set my hand and seal, this day of , A. D. 1859. Sealed and delivered in | [L. S.] presence of
Deed of Confirmation on Coming of Age.
This indenture, made, &c., between A. B., of, &c., of the first part, and C. D., of &c., of the second part: Whereas, by a certain deed of bargain and sale, bearing date on or about the, &c., and made between C. B. and A. B., of the one part, and the said C. D. of the other part, for the consideration o dollars, the premises therein mentioned and hereinafter intended to be released and confirmed, are thereby granted and conveyed, or intended so to be, unto and to the use of the said C. D., his heirs and assigns, forever; as by the said indenture of bargain and sale, relation being thereunto had, may more fully appear. And whereas, the said A. B., at the time of the date and makin the said in part recited indenture of bargain and sale, was not o the age of twenty-one years, but hath since attained to such age, and hath this day, and before the execution of these presents, duly sealed and delivered the said in part recited indenture of bargain and sale: Now this indenture witnesseth : that, as well in the performance of a covenant for further assurance in the said indenture of bargain and sale contained, as also for and in consideration of the sum of dollars, to him, the said A. B., in hand paid by the said C. D., the receipt whereof the said A. B. doth hereby acknowledge, he, the said A. B., hath remised, released, aliened and quit-claimed, and by these presents doth absolutely remise, release, alien and forever quit-claim and confirm, unto the said C. D., in his actual possession now being, by virtue of the before-mentioned indenture of bargain and sale, and to his heirs and assigns, all [description :] To have and to hold the above-mentioned premises to the use of the said C. D., his heirs and assigns, forever. [Insert such covenants as may be necessary.] In witness, &c.
Same by Endorsement.
Be it known, that the within indenture was executed by A. B. therein named, while under the age of twenty-one years, who has now attained his full age of twenty-one years; and that the said A. B. has, on this day of , sealed and delivered this present indenture as his own act and deed.
In witness whereof, the said A. B. has hereunto set his hand and seal, the day and year above written.
Deed of Confirmation—Concluding Part.
The premises hereby conveyed being the same which were heretofore conveyed or intended to be conveyed, by said party of the first part, one A. B., on and bearing date the 14th day of December, A. D. 1859, and recorded in the county recorder's office of the county of San Francisco, in Liber 1 of Deeds, at page 100, December 14th, 1859. The title and interest of said A. B. in said premises having since that time become vested in the said party of the second part—this deed being executed by way of confirmation of the said deed so executed to the said A. B., and for the purpose of vesting the title to such premises in his grantee thereof.
In witness whereof, the said party of the first part hath hereunto set his hand and seal, the ... and year first above written.
Sealed and delivered in the presence of
Corporation Deed. This indenture, made the day of , In the year one thousand eight hundred and , between the Moke
lumne Mining Canal Company sor, the California Insurance Company], of the first part, and C. D., of, &c., [as in foregoing forms, ...) conclude : ] To have and to hold the above granted, bargained and described premises, with the appurtenances, unto the