a person claiming an adverse title, who, if he had no notice, could avail himself of it, but where the term is assigned to a trustee, he cannot make out his title to it without producing the assignment to himself, which would at once show that he was a trustee, and thereby destroy the equitable title of his as signee. Assignment of a Leasehold for years. This indenture, made, &c., between, &c. [Recite the instrument creating the term, setting out the parcels fully, and also the several assignments if not numerous, otherwise, that by divers mesne assignments, &c., and ultimately by the last assignment the term became vested in the assignor, and recite the contract for purchase.] Now, this indenture witnesseth, that, in pursuance of the said agreement, and in consideration, &c., he, the said hath granted, sold, assigned, and transferred, and by these presents doth, &c., all and singular the said messuage, lands, and premises hereinbefore described, and which premises are now in the occupation of , and all other the premises comprised in and demised by the hereinbefore in part recited indenture, of and all and singular the rights, members, and appurtenances to the said premises, or any part thereof belonging or appertaining, and all the estate, right, title, interest, benefit, claim, and demand whatsoever, both at law and in equity, of him the said [assignor] in, to, and out of the said premises, and every part thereof, to have and to hold the said messuage, lands, and other the premises hereby assigned, or intended so to be, unto the said his executors, administrators, and assigns henceforth, for all the residue and remainder, now to come and unexpired, of the said term of • Where the term is created by a will or other instrument, in which the parcels are not set out fully, then the parcels must be described here. years, granted by the hereinbefore in part recited Variations. is assigned in the same deed. tures are assigned. If in the assignment of a lease a policy of insur- When a policy ance be included, the same may be recited, and in the testatum part, immediately after the parcels, say, "and the said policy of insurance;" and in the habendum of the premises for the residue of the term, say, "together with all benefit and advantage to accrue from the said policy of insurance;" and if fix- When fixtures are assigned, the same may be done at the end of the covenants, with another witnessing part, after reciting, "that the said fixtures and things mentioned in the schedule hereunder written, have been agreed to be taken to by the said" [assignee,] then assign all and singular the fixtures, matters, and things mentioned and set forth in the schedule thereunder written, to hold unto the said [assignee,] his executors, administrators, and assigns, for his and their own proper goods and effects. P This covenant cannot be required by assignees of a bankrupt; Wilkins v. Fry, 1 Mer. 244; nor, it would seem, on any assignment subsequent to that by such assignees. Observations on the Assignment of long Leaseholds. It should be seen that the original lease is valid, and that there has been a regular series of legal assignments, or other transmissions; that the administrations and probates have been granted by the proper court, and that the purchaser can have the possession of the original deed creating the term, or that he can avail himself of it whenever he may have occasion for its production. A bond may be given by the assignee for payment of the rent and performance of the covenants, or the assignor should have a counterpart of the assignment. In tracing a line of representation it should be remembered, that the administrator of an executor, or the executor of an administrator, does not represent the original testator or intestate, the intervention of an administration destroying the power of transmission of the representative character, and making necessary the grant of an administration de bonis non. Upon the death of one of several executors, the representative character does not devolve upon his representatives, but vests solely in the survivors, even though they should not have proved; but if the survivor dies without having proved, his executor will not represent the original testator, and an administration of the goods unadministered, or de bonis non, as it is generally called, must be taken out. Parties. Recital. ASSIGNMENTS OF CHOSES IN ACTION. An Assignment of a Debt. This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. Whereas, E. F., of, &c., is indebted unto the said A. B. in the sum of, &c., for, &c. And whereas the said A. B. hath agreed with the said C. D. to assign to him the said debt, in consideration of the sum of, &c. Now, THis indenture WITNESSETH, that, in Operative pursuance of the said agreement, and in considera- part. tion, &c., the receipt, &c., he, the said A. B., hath bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., unto the said C. D., his executors, administrators, and assigns, all that the said debt or sum of L. so now due and owing unto him the said A. B. by the said E. F., and all the estate, right, title, interest, claim, and demand whatsoever, both at law and in equity, of him the said A. B., of, in, or to the same or any part thereof; to have, hold, receive, and take the said debt or sum of, &c., and other the premises hereby assigned, or mentioned, or intended so to be, unto and by him the said C. D., his executors, administrators, and assigns, to and for his and their own proper use and benefit. And for the better and more effec- Letter of attually enabling the said C. D., his executors, admi- torney. nistrators, and assigns, to enforce the payment of, and receive the said assigned premises, he, the said A. B., hath made, deputed, constituted, and appointed, and by these presents doth irrevocably make, depute, constitute, and appoint the said C. D., his executors, administrators, and assigns, his true and lawful attorney and attorneys, for him, the said A. B., and in his name, and in the name or names of his executors or administrators, but for the sole and proper use and benefit of the said C. D., his execu The habendum, with a short power of attorney in regard to any personalty, may run thus: "To have and to hold, &c., together with full power and authority, (which the said A. B. doth hereby give and grant to and for the said C. D., his executors, administrators, and assigns,) in the name of the said A. B., to ask, demand, sue for, recover, receive, sign, and give full and absolute acquittances and discharges in writing for the said, &c., and other the premises hereby assigned, as and when the same shall become due or payable." (Debt.) (Debt.) tors, administrators, and assigns, to demand, sue for, recover, and receive from the said E. F., and all and every other the person or persons to whom it shall and may belong to pay the same, the said debt or sum of L. , together with all and every the sum and sums of money from time to time to grow due or be payable in respect thereof; and upon nonpayment thereof, to use and take all such lawful and equitable ways and means for obtaining or recovering the same, as shall be deemed necessary or expedient in that behalf; and on payment thereof, to give sufficient releases and discharges for the money due thereon and one or more attorney or attorneys, under him the said C. D., his executors, administrators, or assigns, for any of the purposes aforesaid, to nominate, substitute, or appoint, and from time to time to remove and displace, as he or they shall think fit; he the said A. B. hereby transferring and giving unto the said C. D., his executors, administrators, and assigns, his full and whole power and authority in the premises to every intent and purpose, and ratifying and confirming, and promising and agreeing to ratify and confirm, all and whatsoever he or they shall lawfully do, or cause to be done in or about the premises, by virtue of these presents. And the said A. B., for himself, his heirs, executors, and administrators, doth hereby covenant, promise, declare, and agree, with and to the said C. D., his executors, administrators, and assigns, in manner following; (that is to say,) that for and notwithstanding any act, deed, matter, or thing whatsoever, by him the said A. B. made, done, committed, or suffered to the contrary, the said debt or sum of L. is still due and owing to him the Good right to said A. B.; and that for and notwithstanding any such act, deed, matter, or thing, as aforesaid, he, the said A. B., at the time of the sealing and delivery of these presents, hath in himself good right, and full and lawful power and authority to assign Covenant by that the debt is subsisting. assignor assign. |