Married woman may disclaim. Husband's privilege executrix. reversionary interest so long as it remains reversionary. (Osborn v. Morgan, 21 L. J. 318. Ch.) Doubts have been entertained whether, under the Fines and Recoveries Act, a married woman could disclaim a trust. The 8 & 9 Vict. c. 106. s. 7., however, expressly empowers her to disclaim by deed made conformably to the provisions of the Fines and Recoveries Act. The husband being answerable for his wife's acts, where wife is she cannot undertake the office of executrix without his consent, nor give discharges for payments made to her in this character. The husband in his marital right is entitled to dispose of the personal estate vested in his wife as executrix, or to release debts due to the testator's estate. (Williams on Executors, pt. 3, bk. 1, ch. 4; Thrustout v. Coppin, 2 W. Bl. 800; 1 Bright's Husb. & Wife, 40.) ASSIGNMENT OF LEASF HOLDS AND FIXTURFS FOR MAR- WOMAN. Parties. No. XXIV. ASSIGNMENT of LEASEHOLD PREMISES and Fix- THIS INDENTURE, made the Recite lease. [trustee], of the third part: lease, dated the day of day of —, BETWEEN A. B. of &c. [vendor], of the first part, C. D. of &c., and E. F., his wife [purchaser], of the second part, and G. H. of &c. WHEREAS by an indenture of —, and made or expressed to be made between [parties], ALL that piece or parcel of ground, situate &c., with the messuage or tenement and premises thereon erected and built, being No. the abuttals of which said ground are more particularly described in the plan drawn ASSIGNMENT OF LEASEHOLDS AND FOR MAR RIED WOMAN. by wife to lease and part. in the margin of the now reciting indenture, were, with the appurtenances, demised unto the said A. B., his executors, administrators, and assigns, for the term of seventy years, FIXTURES and one quarter of another year, computed from the 29th day of September then last, at the yearly rent of £5, payable quarterly, as therein is mentioned, and subject to the several lessee's covenants therein contained: AND WHEREAS the said Agreement E. F., with the privity and concurrence of her said husband, purchase hath contracted with the said A. B. for the absolute purchase fixtures. and sale to her of the ground, messuage and premises comprised in and demised by the said hereinbefore recited lease, for the residue of the term thereby granted, with the fixtures in and about the same, at or for the price or sum of £655, to be paid out of the estate and fortune of the said E. F., and the said premises are to be assigned for the separate use of the said E. F. as hereinafter contained: NOW THIS Witnessing INDENTURE WITNESSETH, that in pursuance thereof, and in consideration of the sum of £655 to the said A. B. Consideration paid by paid by the said E. F., with the privity and concurrence of wife. her said husband, testified by his executing these presents, out of her own estate, immediately before the execution of these presents, the receipt whereof the said A. B. doth hereby Assignment acknowledge, he the said A. B., with the privity and by the and fixtures. direction of the said C. D. and E. F. his wife, by these presents doth hereby demise unto the said G. H., for the term hereinafter in that behalf mentioned, and subject thereto doth assign and set over unto the said C. D. and E. F., their executors, administrators or assigns, ALL THAT the said piece or parcel of ground, with the messuage or tenement and premises thereon erected and built, and numbered in the county of : AND ALL AND SINGULAR other the premises demised by the said recited lease, together with the said lease, and also together with the several fixtures and things being in, upon, and about the said premises: AND ALL THE ESTATE, right, title, interest, term and terms of years yet to come and unexpired, property, benefit, claim and demand whatsoever, both at law and in equity, of him the said A. B. in and to the same: To HAVE AND TO HOLD the said premises hereinbefore To hold expressed, and intended to be hereby demised and assigned, trustees of leaseholds fixtures to absolutely, ASSIGNMENT HOLDS AND FIXTURES RIFD WOMAN. with their appurtenances, unto the said G. H., his executors, OF LEASE- administrators and assigns, as to the said fixtures absolutely, and as to the said leasehold premises henceforth for and during FOR MAR all the residue and remainder of the term by the said indenture of lease granted as aforesaid, excepting the last day thereof: And subject thereto, TO HOLD the same premises unto the said C. D. and E. F., their executors, administrators and assigns, for all the residue of the said term of seventy years and one quarter of ing one day, another year, by the said recited lease granted, subject nevertheless to the payment of the rent, and the observance and performand husband. ance of the lessee's covenants and conditions reserved by and contained in the said recited lease, as from the and leaseholds to trustee for residue of term, except and subject thereto to purchaser vendor, valid; day of now next, and thenceforth to be paid, observed and performed, but so as to except the said G. H., his executors, adininistrators and assigns from all personal liability thereto, and Covenant by subject to the trusts hereinafter declared: AND THE SAID A. B., for himself, his heirs, executors and administrators, doth covenant with the said G. H., his executors, administrators and assigns, and (as a separate and distinct covenant) with the said C. D. and E. F., their executors, administrators and assigns, that lease is THAT notwithstanding any act, deed, matter or thing whatsoever, made or done, or permitted to be made or done, to the contrary by the said A. B., the said lease is a valid and subsisting lease in the law of the premises thereby demised, and is still in full force for all the residue unexpired of the said term of years thereby granted: AND THAT the yearly rent thereby reserved, and all the lessee's covenants and conditions contained in the said lease, have been or shall be duly paid, observed and and for right performed up to the day of now next: AND THAT notwithstanding any act, deed, matter or thing as aforesaid, the said A. B. now hath good right to demise and assign the said ground, messuage or tenement, and premises hereby demised and assigned, or intended so to be, for the residue which is now to come of the said term of years by the said recited lease and for quiet granted in manner aforesaid: AND FURTHER THAT, subject to enjoyment; the payment of the rent, and the observance and performance of the lessee's covenants reserved and contained by and in the said recited lease, the said premises hereby demised and assigned, with the appurtenances, shall be peaceably and quietly held and and that covenants have been paid and performed; to demise and assign; ASSIGNMENT HOLDS AND RIED WOMAN. and freedom from incumbrances; ther assur enjoyed, and the rents, issues and profits received and taken under and according to these presents, without any eviction, OF LEASEinterruption or denial from or by the said A. B., his executors or administrators, or any other person or persons whomsoever FOR MARclaiming or to claim, by, from, through, under or in trust for him: AND ALSO THAT the said premises respectively are free and discharged, or by the said A. B., his heirs, executors or administrators will be effectually kept and indemnified, from and against all former estates, rights, titles, charges and incumbrances whatsoever, at any time or times heretofore made, created or occasioned by the said A. B., or any person or persons claiming or to claim through, under or in trust for him: AND LASTLY THAT the said A. B., his executors or admi- and for furnistrators, and every person whosoever having or rightfully ance. claiming or to claim, under or in trust for him or them, will from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said E. F., her executors, administrators and assigns, do make or execute and perfect all such further and other lawful and reasonable acts, deeds, demises, assignments or assurances in the law whatsoever for more effectually or satisfactorily demising, assigning or otherwise assuring the said premises, respectively hereby demised and assigned, or intended so to be, with the appurtenances, for all the residue of the said term by the said recited lease granted in manner aforesaid, or otherwise, as by the said E. F., her executors, administrators or assigns, or her or their counsel, shall be reasonably advised and required: AND THE SAID C. D. for himself, his Husband of heirs, executors, administrators and assigns, doth hereby cove- covenants for payment nant with the said A. B., his executors and administrators, that of rent, from the day of now next, and during the then residue of the said term by the said recited lease granted, the said yearly rent reserved by the said lease, and all and every the lessee's and obsercovenants, conditions and agreements, contained in the said covenants, recited lease, shall, as from the day of now next, be purchaser vance of nity vendor paid, observed, and performed by the said C. D., and E. F. his wife, their executors, administrators or assigns, and also that and to indemthe said C. D., his executors, administrators or assigns, will, against the from time to time and at all times hereafter, effectually keep indemnified the said A. B., his heirs, executors and adminis same. OF LEASE HOLDS AND RIED WOMAN. Declaration of trust as to leaseholds and fixtures for wife, for her separate use. ASSIGNMENT trators, from all actions, suits and other proceedings, and all costs, losses, damages and expenses which he or they shall respectively incur or suffer by reason of the non-payment or FOR MAR- non-observance thereof respectively: AND IT IS HEREBY DECLARED AND AGREED, that the premises and fixtures hereby demised and assigned to the said G. H. and C. D. and E. F. respectively as aforesaid, shall be held by them respectively, their respective executors, administrators and assigns, upon trust, and to the intent that the same shall be and remain to and for the sole and separate use of her the said E. F., and that she shall or may, notwithstanding her coverture, and whether covert or sole, by any deed or deeds, writing or writings, or by her last will or testament, or any codicil thereto, or otherwise howsoever, give, grant, sell, direct or appoint, devise, bequeath or otherwise dispose of the same to any person or persons, in the same manner and as effectually in all respects and to all intents and purposes as if she was sole and unmarried, free and clear of, and without any interference or control, claim or demand, of or by the said C. D., his executors or administrators, or his creditors, or any other person or persons whomsoever, lawfully or equitably claiming, or to claim, by, from, through, under or in trust for him, them or any of them, and that all acts whatsoever of her the said E. F. relative thereto, shall at all times, notwithstanding her coverture, be good, valid, and effectual, to all intents and purposes, as if she were sole and unmarried: AND IN CASE of the death of the said E. F. in the lifetime of the said C. D., without making any disposition of the whole of the said premises, and of the whole term and interest therein respectively, then as to so much of the term or interest therein as shall remain undisposed of by her, in trust for such person or persons as would, by virtue of the statutes for the distribution of intestates' estate and effects, be entitled thereto in case the said E. F. had died intestate a widow possessed thereof, and in the same shares and manner as such persons in such case would be entitled thereto. IN WITNESS, &c. |