Virginia.

the same before me at our county aforesaid].

of

Washington Territory.

[or, before me in my county;—or, before us in

GIVEN under my hand and official seal [or, under our hands], this

[Seal, if any.]

day

[Signature and title.]

180. Acknowledgment by Married Woman.

[As in preceding form to the *, continuing thus:] C. B., the wife of A. B., whose names are signed to the writing above, bearing date the

day of

18, personally appeared before me [or, us], in the county and State aforesaid; and being examined by me. [or, by us], privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said C. B., acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it.

of

GIVEN under my hand and official seal [or, under our hands], this one thousand eight hundred and

[Seal, if any.]

Washington Territory.

day

[Signature and title.]

[Two witnesses are necessary. There is no provision for proof by the witnesses.]

STATE OF
County of
On this

day of

18

before me [here give name and title of officer] personally came A. B., known to me to be the individual described in, and who executed the within [or, foregoing] conveyance, and acknowledged that he signed, sealed, and delivered the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand [and official seal] the day and year first above written. [Seal, if any.] [Signature and title.]

STATE OF
County of
On this

18 before me [here give name and title of officer] personally came A. B., and C. B. his wife, to me known to be the individuals described in, and who executed the within [or, foregoing] conveyance, and severally acknowledged that they signed, sealed, and delivered the same as their free and voluntary act and deed, for the uses and purposes therein mentioned; and the said C. B., upon an examination by me, separate and apart from her husband, acknowledged that she did voluntarily, of her own free will, and without the fear of, or coercion from, her husband, execute the deed.

WITNESS my hand [and official seal], the day and year first above written. [Seal, if any.] [Signature and title.]

Acknowledgment, &c., of Deeds, for Wisconsin.

West Virginia.

[Follow the forms given for VIRGINIA, except that one justice may take an acknowledgment.]

Wisconsin.

[A scroll or device, whether written or printed, is a sufficient seal for deeds. Two subscribing witnesses are necessary; but there is no provision for proof by witnesses, except within the State, in case an acknowledgment cannot be had. Any married woman residing in the State, and joining with her husband in a deed relating to lands within the State, or separately executing a deed relating to such lands, or a release of dower, may acknowledge as if she were sole(). A deed executed without the State may be executed according to the laws of the place of execution; but in such case, if it is executed within the United States, and is not acknowledged before a Wisconsin commissioner, there must be annexed a certificate, by a clerk of a court of record, to the authority and signature of the officer, and to the fact that the deed is executed and acknowledged according to the laws of the place.]

183. Acknowledgment by a Grantor, Known to the Officer.

day of

BE IT REMEMBERED, that on this 18 before me [giving name and title of officer] personally came the within-named A. B. [and C. B. his wife]*, to me known to be the identical person [or, persons] described in, and who executed the within deed [or, mortgage, or, other instrument], and † acknowledged the same to be his [or, their] free act and deed, for the uses and purposes therein mentioned.

[If without the State, add: IN TESTIMONY WHEREOF, I have hereunto set my hand [and seal], the day and year first above written.(m)]

[Seal, if taken

without the State.]

[Signature and title.]

184. Acknowledgment by a Grantor, Not Personally Known.

[As in the preceding form to the *, thence continuing thus:] proven to me satisfactorily to be the identical person [or, persons] described in, and who executed the within deed [or, mortgage, or other instrument], by the oath of M. N, who being by me duly sworn [or, affirmed], did depose and say that he resided in the city of that he was acquainted with the said A. B. [and C. B. his wife], and that he knew him [or, them] to be the same person [or, persons] described in, and who executed the said instrument; and thereupon the said A. B. [and C. B.] acknowledged [etc., concluding as in preceding form from the t].

must state the true date at which it was

(1) Rev. Stat., 1858, p. 589, §§ 12, 14.
(m) A certificate of acknowledgment made.

Sworn Copies.

Affidavit before Notary.

CHAPTER IV.

AFFIDAVITS.

See the requisites of these instruments fully stated in the FORMS of PRACTICE AND PLEADING, volume i., p. 4. As to the form of oath to be administered, see chapter of OATHS, post.

A. B., of

gations].

being duly sworn [or, affirmed], says [here set forth alle

[Signature of deponent.]

A. B., of

being duly sworn [or, affirmed], deposes and says that he has carefully compared and found the annexed writings, in

pages,

to agree with and to be copies of, and of the whole of [or, copies and extracts from] sundry original letters signed by C. D., E. F. & Co., of

one purporting to be signed by G. H., of

in the State of ; and also of sundry original accounts between the said C. D. and E. F. & Co., signed by the said D., all which original papers are now produced.

Appointments.

missioned and sworn, and by law authorized to administer oaths and affirmations, personally appeared C. D., of and who being by me duly

sworn [or, affirmed], did depose and say [here set forth the allegations]; and further deponent saith not. [Signature of deponent.]

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office, the day and year first above written.

[Seal.]

[Signature and title.]

CHAPTER V.

APPOINTMENTS.

Appointments are of two kinds: 1. The conferring an authority to perform duties or to act for another, such as the appointment of a guardian or an attorney. 2. The declaration of an act or transfer in execution of a power.

Appointments of the former kind are usually to be executed with the same formalities as are used in the execution of conveyances, for which see the chapter on ACKNOWLEDGMENT AND PROOF OF DEEDS. For forms of appointments of attorneys and trustees, see the chapters on POWERS and on TRUSTS respectively.

In regard to appointments in execution of powers, it is to be observed that the American law and usage renders resort to this class of instruments comparatively rare; but in many of the States the subject is regulated more or less by statute, the chief effect of which, so far as the forms of attestation are concerned, is to relax the very strict rules of the common law, requiring all incidental circumstances directed by the grantor of the power to be most rigidly observed in the execution of it; and we apprehend that the usual American rule is, that such an appointment must be executed with the formalities required by law to pass such an estate, and that these are sufficient, even though the grantor may have prescribed less or more formalities.

It is not necessary that an appointment should recite, or even refer to the power, provided the act shows that the decree had in view the subject of the power, and intended to execute the power. (a)

191. By wife, of real property, by a grant to take effect on her death.... 84 192. The same, by will....

84

193. Consent, to be indorsed on the foregoing...

85

194. By a wife, for the sale of stocks, under a power reserved to her in a marriage settlement.......

195. Reservation of a power to revoke and appoint anew, which may be inserted in an appointment

86

(a) 4 Kent's Com., 884; Lancaster v. Dolan, 1 Rawle, 281.

Appointment of Guardian by Deed or Will.

I. APPOINTMENTS TO PERFORM DUTIES, ETC.

188. Appointment of a Guardian, by a Minor.

son and heir of

KNOW ALL MEN by these presents, that I, A. B., of A. B., late of deceased, being above the age of fourteen years— namely, about the age of years have nominated, elected, chosen, and appointed, and by these presents do nominate, elect, choose, and appoint C. D., of to be guardian as well of my person as of my real and personal estate, until I shall attain the age of twenty-one years. IN WITNESS Whereof, I have hereunto set my hand and seal, this

18

In presence of

[Signature of witnesses.]

day

[Signature and seal.]

189. Appointment of a Guardian, by a Father, for a Son.

KNOW ALL MEN by these presents, that I, A. B., of

and State of

in the county of farmer, have committed and disposed, and by these presents do commit and dispose, the custody, tuition, and education of my son, C. B., to Y. Z., of said town, whom I do hereby appoint his guardian; this appointment and disposal to take effect immediately, and henceforth [or, from and immediately after my decease and thenceforth] to continue during the minority of my said son [or such other time as may be fixed.]

[To provide for the guardian's death, may add:] And if it shall happen that the said Y. Z. dies before me, or before my said son attains the age of twenty-one years, then and in such case I do commit and dispose unto W. X., of such custody, tuition, and education and guardianship, after my decease, and the decease of the said Y. Z., until my said son attains the age of twenty-one years.

In presence of

[Signature of witness.]

190. The Same, by Will.

[Signature and seal.

[Insert in the will-see forms on chapter of WILLS]-And in case I shall leave any child, or children, living at the time of my decease, under age and unmarried, my will is, and I do appoint, that my beloved wife shall have the guardianship, custody, and tuition of them during their minority [so long as she shall continue to be sole]; and, in case of her death [or, marriage] during the minority of such my children, then I will and appoint that my friend M. N., one of my executors, shall have the guardianship, custody, and tation of them during such their minority. And in case of his refusal, renunciation, or decease, I will and appoint that my friend, my other executor, O. P., shall exercise the said guardianship, custody, and control. [Here add any special directions-e.g., thus:] And I earnestly entreat their utmost care, respectively, in and about the morals and education of such children, and desire that they may be brought up and instructed in the doctrines and religion of the Church.