Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New And I, the said Assignor, covenant that there is now due to me IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). d. d No. 16. Assignment of claim upon contract and guarantee, with power of attorney." KNOW ALL MEN, that the Doe Co., Inc., a corporation, organized under the laws of the State of Arizona, and having its principal office at No. 111⁄2 Broadway, in the City of Los Angeles, State of California (herein called "the Assignor"), in consideration of one ($1) dollar to such Assignor in hand paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), hereby assigns to the said Assignee, his executors, administrators and assigns, to his and their own proper use, benefit and behoof forever, all moneys now, or which may hereafter become, due to the said Assignor, and all claims, demands, and causes of action whatsoever, which the said Assignor now has, or may hereafter have, against Henry Koe, of the City of New York, the Koe Co., Inc., a corporation, organized under the laws of the State of New York, and Richard Koe, of the City of New York, and each of them, whether jointly or severally, under the certain contract in writing, dated March 5, • Adapted from Stemmerman v. Kelly (1917), 220 N. Y. 756, 116 N. E. 1077. 1 1919, made by the Assignor and the said Henry Koe, and the guarantee in respect thereof in writing, dated March 5, 1919, which was executed and delivered to the Assignor by the said Koe Co., Inc., and the said Richard Koe. And the said Assignor hereby appoints the said Assignee its true and lawful attorney, irrevocable, with full power of substitution and revocation, for the said Assignor, and in its name, or otherwise, but for the sole use and benefit of the said Assignee, to ask, demand, sue for, collect, receive, compound and give acquittance for the said claim, or claims, demand or demands, and cause or causes of action, or any part thereof. IN WITNESS WHEREOF, the Assignor has caused this instrument to be signed by its President, thereunto duly authorized, and its corporate seal to be hereunto affixed, attested by its Secretary, this 5th day of January, 1923 Assignment of contingent remainder." THIS INDENTURE, made January 5th, 1923, between John Doe and Jane Doe, his wife, residing at No. 11% Broadway, Borough of Manhattan, New York City (herein individually, jointly, and severally, called the "First Party"), and Roe Insurance Co., a corporation, duly organized under the laws of the State of New Jersey, and having its principal office at No. 37 Main Street, Jersey City, New Jersey (herein called the "Second Party”), WITNESSETH: WHEREAS, Mary Doe, while a resident of the County, City and State of New York, died on March 5th, 1918, leaving a last will and testament bearing the date of May 25, 1916, and a codicil thereto bearing the date of December 13, 1917, which were duly admitted to probate as a will of real and personal property by the Surrogates' Court of the State of New York, in and for the County Adapted from Brown v. Robinson (1918), 224 N. Y. 301, 120 N. E. 694; reargument denied (1918), 225 N. Y. 638, 121 N. E. 857. of New York, on April 11th, 1918, and recorded in the office of the clerk of said court in liber 677A of wills, at page 258, to the record of which will reference is hereby made for the full and definite provisions thereof; and WHEREAS, the said testatrix, by her said will, gave, devised and bequeathed to Charles Doe and John Smith, who were named therein as the executors and trustees, and who duly qualified as such, all the rest, residue and remainder of her estate, both real and personal, in trust, to divide said residuary estate into two equal parts, or shares, and to hold and possess one of said equal parts, or shares, for the benefit of the said John Doe, until he shall have attained the age of twenty-five years, and, upon the happening of such event, to pay over such equal part, or share, to the said John Doe; and WHEREAS, the said John Smith was thereafter duly removed as such executor and trustee by the Supreme Court of the State of New York, and Henry Koe was substituted as trustee, and subsequently duly qualified as such, and the said Charles Doe and Henry Koe are now acting as such trustees; and WHEREAS, the aforesaid John Doe attained the age of twentyone years on March 21st, 1922, and will be entitled to receive one of such two equal parts, or shares, of the residuary estate of said testatrix, upon his attaining the age of twenty-five years: Now, THEREFORE, THIS INDENTURE WITNESSETH, that the said First Party, in consideration of certain valuable considerations, and of the sum of one hundred ($100) dollars, lawful money of the United States, paid by the Second Party to the First Party, the receipt whereof is hereby acknowledged, has granted, bargained, sold, assigned, conveyed, transferred and set over, and by these presents does grant, bargain, sell, assign, convey, transfer and set over, to the said Second Party, its successors and assigns forever, out of the property, interest, devise, legacy, or distributive share to which the said John Doe is, or shall, or may, be, entitled in one of the said two equal parts, or shares, of said residuary estate, under the will of the said Mary Doc, deceased, upon the termination of the prior estate limited in said will to the trustees, until the said John Doe shall have attained the age of twenty-five years, the net sum of sixty thousand ($60,000) dollars, free, clear and discharged of all duties, taxes, liens, costs, commissions and expenses, which may accrue, or be due and payable, in respect of the estate of the testatrix, by the realization and distribution thereof, or out of the interest of the said John Doe therein, with interest on the said sum of sixty thousand ($60,000) dollars at the rate of six (6%) per cent per annum, from the date when the said John Doe shall have attained the age of twenty-five years. TO HAVE AND TO HOLD the amount hereby bargained, sold, assigned, conveyed, transferred and set over, unto the second party, its successors and assigns forever. And the said First Party does hereby make, constitute and appoint the said Second Party, its successors and assigns, his true and lawful attorney and attorneys, irrevocable, with full power of substitution, in his name, or otherwise, but for the sole use and benefit of the said second party, its successors and assigns, to ask, demand, sue for, collect, receive, compound and give acquittance for the amount hereby assigned out of his said property, interest, devise, legacy or distributive share in the said part, or share, of the residuary estate of the said Mary Doe, deceased, which he will be entitled to receive, upon attaining the age of twenty-five years, and, in his name, to bring, maintain and withdraw, or to defend, any suit, or proceedings, at law, or in equity, before any court, or courts, whatsoever, which the said Second Party, its successors, or assigns, may see fit, or be advised, to institute against the trustees under the will of Mary Doe, deceased, or any representative of the estate of said decedent, or against any other person whomsoever, or which it may see fit, or be advised, to defend for the enforcement of the trust created under and by said will for the protection of the said trust estate, or for the protection, or enforcement, of his interest, or interests, under said will. 1. And the said John Doe covenants with the said Second Party, its successors and assigns, as follows: (a) That the equal half part, or share, of the residuary estate of the said Mary Doe, deceased, to be held by the said trustees, until the said John Doe shall attain the age of twenty-five years, consists of real and personal property, and that the same has a clear market value of one hundred and forty thousand ($140,000) dollars, over and above all encumbrances, which said fund the said John Doe will be entitled to receive, upon his attaining the age of twenty-five years, after deductions, which may be made for the costs and expenses of the administration of said estate. (b) That he attained the age of twenty-one years on the 21st day of March, 1922. (c) That he has not heretofore assigned, or transferred, or attempted to assign, or transfer, his said interest in the estate of said Mary Doe, deceased, or any part thereof, to any person, firm, association, or corporation, and that he has not in any way mortgaged, or encumbered, or attempted to mortgage, or encumber, the same, or any part thereof, and that there are no liens, or encumbrances, upon his said interest in the said estate of any amount whatsoever, excepting a certain mortgage made by said. John Doe to the Roe Institute for Scientific Research, dated January 3, 1922, to secure the payment of a certain note for seven thousand ($7,000) dollars, which said note and mortgage have been paid and satisfied, and a certain other mortgage made by said John Doe to the Roe Trust Company of Philadelphia, dated April 15, 1922, to secure the payment of fifty thousand ($50,000) dollars, which said mortgage is being paid off and satisfied simultaneously with the execution hereof. 2. The said Jane Doe, wife of the said John Doe, joins in the execution of this instrument, for the purpose of releasing her inchoate right of dower in the real estate of which said residuary estate in part consists, to the extent of the amount hereby assigned. IN WITNESS WHEREOF, the said John Doe and Jane Doe have hereunto set their hands and seals, the day and year first above written. In the presence of John Doe (L.S.). Jane Doe (L.S.). No. 18. Assignment of contract. KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, in consideration of one ($1) dollar paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), hereby assign to the said Assignee all my right, title and interest in the certain contract entered into by me with the 8 Cf. Arkansas Valley Smelting Co. v. Belden Min. Co. (1888), 127 U. S. 379, 8 Sup. Ct. Rep. 1308, 32 Law ed. 246; La Rue v. Groezinger (1890), 84 Cal. 281, 24 Pac. 42, 18 Am. St. Rep. 179. |