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of the forms are drawn in this way. Other forms are written as if the grantor was unmarried, or as if his wife, if he had one, did not intend to give up her dower. But all these forms can be readily altered, and made to resemble either of the forms according as there is or is not a wife, or as, if there be a wife, it is intended that she should join in the conveyance and relinquish her dower, or that the husband should convey subject to the wife's dower. If this last be the intention, it is not necessary to say so, as the mere fact that she is not a party to the deed preserves for her the right of dower.

(106.)

A Deed Poll of Warranty, in Common Use in New England. Know all Men by these Presents, That I, (the grantor) of (residence, town or city, county and State), (occupation), in consideration of (the amount paid) to me paid by (here name the grantee or purchaser, giving in like manner his residence and occupation), the receip whereof is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said (name the grantee, and then describe the prem

(name

ises granted, minutely and accurately):— To Have and to Hold the above-granted premises, to the said the grantee), his (or her or their) heirs and assigns, to his (or her or their use and behoof forever. And I, the said (name of the grantor), for (myself) and (my) heirs, executors, and administrators, do covenant with the said (name of the grantee), and with his heirs and assigns, that I am lawfully seized in fee simple of the aforegranted premises; that they are free from all incumbrances (if there be any incumbrances, as a mortgage or lien, c right of way, or drain, or air, or light, say excepting, and then describe th incumbrance), that I have good right to sell and convey the same to the sai (name of the grantee), and his (or her) heirs and assigns forever as aforesaid; and that I will, and my heirs, executors, and administrators shall, warrant and defend the same to the said and assigns forever, against the lawful

(name of the grantee), and his heirs claims and demands of all persons. (name of the grantor), and (name

In Witness Whereof, I, the said of his wife), wife of said grantor, in token of her release of all right and title of or to dower in the granted premises, have hereunto set our hands and seals this in the year of our Lord nineteen hun

dred and

day of

Signed, Sealed, and Delivered in Presence of

(Signature.) (Seal

To release also the wife's right of homestead, the last paragraph, after the words "right and title," should read: "of or to

both dower and homestead in," etc. In those States where the wife's right of dower has been modified by statute, as in Massachusetts, the clause should read: " of or to both dower and homestead, and all statutory rights, and all other rights whatever in," etc.

Some conveyancers prefer the following method of releasing the homestead right which would undoubtedly be effectual in every one of these States. Insert before the paragraph beginning "In witness whereof," this paragraph:

"And I, (name of the wife) wife of the said (the name of the grantor), in consideration of one dollar to me paid by the said (the nams of the grantee), the receipt whereof is acknowledged, do hereby release and assign to the said (the name of the grantee), and his heirs and assigns, all my right, interest, claim, and estate in or to the premises within granted, under the homestead laws of this State, or any other statutory provisions thereof."

It is to be remembered that, whether the deed be a warranty deed like that above given, or a release or quitclaim, or a mortgage deed, it is equally necessary and proper that the wife should release her homestead right and her dower, unless it is intended that she should retain them.

Below the deed comes the acknowledgment, of which the briefest form is as follows, which is sufficient in a few States:

Commonwealth (or State) of

(County) ss. (Town, Month, ana and acknowl

Date.) Then personally appeared the above-named edged the above instrument to be

free act and deed; before me, Justice of the Peace.

If the wife is a party to the deed, she should make her sep arate acknowledgment.

A full Form of acknowledgment, by both parties, sufficier anywhere, may be found in Form 112.

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(name, residence, and occupation of the grantor) of the first part, and (name, residence, and occupation of the grantee) of the second part, witness eth, that the said (the grantor) as well for and in consideration of the love and affection which he has and bears towards the said (the grantee,

as for 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 or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, nas given, granted, aliened, enteofted, released, conveyed, and confirmed, and by these presents does give, grant, aliene, enfeoff, release, convey, and confirm, unto the said party of the second part and his heirs and assigns forever, all (here describe carefully the land or premises granted, by metes and bounds, ana dimensions, contents or quantity, or boundary marks or monuments, and refer by volume and page to the deed of the land to the grantor, under which he holds it).

Together with all and singular the tenements, hereditaments, and appur. enances thereunto belonging or in any wise appertaining, and the reversion ind reversions, remainder and remainders, rents, issues, and profits thereof. And also, al the estate, right, title, interest, property, pos

session, claim, and demand whatsoever, of the said party of the first part, of, in, and to the same, and every part and parcel thereof, with their and every of their appurtenances. To have and to hold the said hereby granted and described premises and every part and parcel thereof with the appurtenances unto the said party of the second part, and his heirs and assigns, to his and their only proper use, benefit, and behoof forever.

In Witness Whereof, The said party of the first part has hereunto set his hand and seal the day and year first above written.

Sealed and Delivered in the Presence of

(108.)

(Signature.) (Seal.)

Deed of Bargain and Sale without any Warranty

This Indenture, Made the

year one thousand nine hundred and

ot

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(name, residence, and occupation of the grantor) ot the first part, and (name, residence, and occupation of the grantee) of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum lawful money of the United States of America, to him in hand paid, by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed, and con firmed, and by these presents does grant, bargain, sell, aliene, remise, release, convey, and confirm, unto the said party of the second part, and to his

and assigns forever, all (here describe carefully the land or premise granted, as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appur. tenances thereto 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, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. 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, and his heirs and assigns forever.

In Witness Whereof, The said party of the first part has hereunto set his hand and seal the day and year first above written.

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(the name of the party of the first part who is the grantor) who is known by me to be the individual described in, and who executed the foregoing in strument, and then and there acknowledged that he executed the same and for his own deed.

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(name, residence, and occupation of the grantor) of the first part, and (name, residence, and occupation of the grantee) of the second part, witness eth, that the said party of the first part, for and in consideration of the sun. of lawful money of the United States of America, to hin, in hand paid, by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has remised, released, and quitclaimed, and by these presents does remise, release, and quitclaim, unto the said party of the second part, and to his heirs and assigns forever, all (here describe carefully the land or premises granted. as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appur tenances thereto 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, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. 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, and his heirs and assigns forever.

In Witness Whereof, The said party of the first part has hereunto set his hand and seal the day and year first above written.

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(the name of the grantor) who is known by me to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same.

(110.)

(Signature.)

Deed Poll of Release and Conveyance, Short Form.
Know all Men by these Presents, That I,

f releasor) of the County of

and State of

(the name

for and in consideration of one dollar to me in hand paid, and for other good and valuable considerations, the receipt whereof is hereby confessed, tlo hereby grant, bargain, remise, convey, release, and quitclaim unto

(the name of the releasee) of the County of

and State of whatsoever, I may have acquired in, through, or by a certain indenture or

all the right, title, interest, claim, or demand

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A. D. 19
County, and State of

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page to the premises therein described, to wit (here describe carefully the land or premises granted, as directed in Form 107).

Witness my hand and seal, this

day of

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I,

in and for said county, in the State aforesaid, do hereby certify, that (the name of the releasor) personally known to me as the same person whose name is subscribed to the foregoing deed, appeared before me this day, in person, and acknowledged that he signed, sealed, and delivered the said instrument in writing, as his own free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and seal, this A. D. 19

day of

(Signature.) (Seal.)

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