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September 1997

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Subject:
From:
"Lawrence K. Weber, Jr., SIOR" <[log in to unmask]>
Reply To:
A LISTSERV list for discussions pertaining to New York State history." <[log in to unmask]>
Date:
Mon, 29 Sep 1997 10:31:24 -0400
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I don't know about New York State, but the same language was used on my
wife in Texas in 1959 when I sold my house.  The lawyer explained that in
the last century the ranchers were great poker players and would bet the
ranch.  Accordingly, legislators in sympathy with wives who lost their
ranches thanks to their husband's gambling were to be interrogated apart
from the husband for their separate consent to the deed transfer.  The
lawyer said one little old lady had broken into tears when interrogated and
confessed that she certainly did not want to sell the homestead.  He so
informed the husband and the deal was cancelled.  Two weeks later the
little old lady called to tell him she had changed her mind.  They came to
his office to close the transaction, but the little old lady had a black
eye!....and signed the deed.

Mark LoRusso wrote:

> Does anyone familiar with deed research know the history of the
> following phrase which may appear at the end of indentures for land
> sales by a husband and wife? "...And the said (wife) being by me
> (Commissioner of Deeds) privately examined apart from said husband
> acknowledged that she executed the said deed freely without any fear or
> compulsion of her said husband..."  Wondered when this language came
> into use in the nineteenth century and how widespread was it.

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