Part 2

That, if the grantor be a married man, his wife should sign the deed, relinquishing her interest in the property, commonly called dower;

That either a warranty or quit-claim deed transfers the owner’s entire interest in the real estate; but while by the former the grantor warrants the title and engages to defend the same “against the lawful claims and demands of all persons,” by the latter he avoids all such personal liability. Therefore if property be free from incumbrances a quit-claim is as good as a warranty deed; notwithstanding this, a purchaser had better insist on having the latter in every case;

That deeds should be recorded in the Registry of the county in which the real estate is located.

MORTGAGES—Real Estate.

A mortgage is a transfer made with intent of giving mortgagee security for money loaned or a debt in some way incurred. The mortgage is a deed conveying to the mortgagee the owner’s title to the estate granted in just the same way and with same formalities as a regular deed of transfer, subject to one condition, which is, that the mortgage deed shall be void if the amount therein specified is paid at the stated time.

After the delivery of the mortgage deed the relative standing of the parties is this:

The mortgagee:

Unless the right is specially waived in the deed, he may enter and take possession. He is therefore the owner subject to a condition, and has in him the right of possession;

He may sell and assign to a third party his interest in the mortgaged property, investing such person with all his rights therein;

When the stated time for payment, whether of principal or interest, has elapsed, and the conditions have not been complied with, foreclosure of mortgage may be commenced, and at the expiration of three years from such commencement, he may take absolute possession of the estate, unless mortgagor redeems it within that time;

He may insure mortgaged premises for his own protection.

The mortgagor:

He is not in possession of mortgaged premises by right, unless by special permission;

He must pay all amounts designated in the mortgage deed, at the time therein specified;

He may redeem the property at any time within three years after commencement of foreclosure, by paying amount due; with interest and legal costs.

He may sell his remaining interest (called equity of redemption), after mortgage transfer, or procure other mortgages on same property.

Personal Property.

Mortgages of personal property are much more informal in their execution than similar transfers of real estate. The transfer is a complete change of ownership title, with similar conditional clause, relative to payment, to that of a mortgage deed.

The several states make provisions for record of these conveyances, which are to be observed in order to insure the proper security of mortgagee’s title, since record has same significance with personal as with real estate mortgage transfers.

A farther analogy may be found in the fact of a right of foreclosure and equity of redemption.

Wills.

If at any time we were to say that “Every man his own lawyer” would be giving to some very poor assistance, we think the suggestion would be eminently proper here. This is not the word of discouragement, but of caution, else the practicability of these articles, which is the theory leading to their publication, might with propriety be questioned. There is no department of legal work where more skill and care may be demanded than in this. But though care is ever to be exercised, not always is superior skill necessary, for one may desire a very simple and direct disposition of his property, and this may be done if only the formalities are observed, by one not conversant with the niceties of law points, and done in such a proper and regular manner that all complications will be avoided. But where different interests are to be carved out of an estate, then the execution of it requires skill and experience.

Who may make a will? Any person who has attained proper age and is of sound mind. By the old common law a married woman was not competent, but this restriction has been removed by statutory enactment in most of the states, and a married woman in those states is no longer forbidden the disposition of her property in accordance with her own wishes.

Quite generally eighteen years for males and sixteen for females are designated as proper ages. Children not mentioned in a will, unless provided for in testator’s lifetime, are presumed to have been accidentally omitted, and take same share of the estate as they would if there had been no will. It will therefore be readily seen that if omission was intentional, testator’s design would be defeated. Whenever such omission of gift to a child is designed it should be particularly mentioned in the will.

A codicil is simply an addition to or change in the will, and should be attached to the original, and executed with same formalities.

In making a will be careful to observe:

That the person is of proper age and sound mind;

That all statements and declarations be made in clear, unambiguous language, so that a misconception of it will be impossible;

That, in propriety, the word “bequeath” should be used as applied to personal estate, and “devise” as belonging to real;

That, unless a life estate simply is intended, words of inheritance (heirs) should be coupled with devisee’s name;

That, in most of the states, three witnesses are required. They should be wholly disinterested, so far as having no personal interest in the will; they should see the testator sign, and should each attach his signature in testator’s presence, and in presence of the others;

That it is well for the testator to name an executor, although this is not required, since in the absence of such directions the Court will appoint an administrator.

OUTLINE OF FORM.

I ⸺ ⸺ of ⸺ ⸺ being of sound mind, hereby make and declare this to be my last will and testament. I give, devise and bequeath my estate and property, real and personal as follows:

[Then follow disposition of property and appointment of executor.]

In witness whereof I have signed, sealed, published and declared this instrument to be my last will and testament, at ⸺ this ⸺ day of ⸺.

⸺ ⸺ [SEAL]

The witnesses then add:

The said ⸺ ⸺ on said ⸺ day of ⸺ signed, published and declared the above as his last will and testament; and we, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto.

⸺ ⸺ ⸺ ⸺ ⸺ ⸺

The destruction of a will revokes it. The making of a new will revokes all former ones.

SUNDAY READINGS.

SELECTED BY THE REV. J. H. VINCENT, D.D.

[_May 4._]

Draw yet nearer, O, my soul! with thy _most fervent love_. Here is matter for it to work upon, something worth thy loving. O see what beauty presents itself! Is not all the beauty in the world united here? Is not all other beauty but deformity? Dost thou now need to be persuaded to love? Here is a feast for thine eyes and all the powers of thy soul; dost thou need entreaties to feed upon it? Canst thou love a little shining earth, a walking piece of clay? And canst thou not love that God, that Christ, that glory, which are so truly and unmeasurably lovely? Thou canst love thy friend because he loves thee; and is the love of a friend like the love of Christ? Their weeping or bleeding for thee does not ease thee, not stay the course of thy tears or blood; but the tears and blood that fell from thy Lord have a sovereign, healing virtue. O my soul! If love deserves and should beget love, what incomprehensible love is here before thee! Pour out all the store of thy affections here, and all is too little—O that it were more! O that it were many thousand times more! Let him be first served that served the first. Let him have the first born and strength of thy soul, who parted with strength, and life and love for thee.

O my soul! dost thou love for _excellency_? Yonder is the region of light; this is the land of darkness. Yonder twinkling stars, that shining moon and radiant sun, are all but lanterns, hung out of thy Father’s house, to light thee while thou walkest in this dark world. But how little dost thou know the glory and blessedness that are within.

Dost thou love for _suitableness_? What person more suitable than Christ—his god-head and humanity, his fullness and freeness, his willingness and constancy, all proclaim him thy most suitable friend. What state more suitable to thy misery than mercy, or to thy sin and pollution than honor and perfection? What place more suitable to thee than heaven? Does this world agree with thy desires? Hast thou not had a sufficient trial of it, or dost thou love for interest and near relation? Where hast thou better interest than in heaven, or nearer relation than there?

Dost thou love for _acquaintance and familiarity_? Though thine eyes have never seen thy Lord, yet thou hast heard his voice, received his benefits, and lived in his bosom. He taught thee to know thyself and him; he opened thee that first window, through which thou sawest into heaven. Hast thou forgotten since thy heart was careless and he awakened it; hard, and he softened it; stubborn, and he made it yield; at peace, and he troubled it; whole, and he broke it; and broken, till he healed it again? Hast thou forgotten the times when he found thee in tears; when he heard thy secret sighs and groans, and left all to come and comfort thee?…

Methinks I hear him still saying to me, “Poor sinner, though thou hast dealt unkindly with me, and cast me off, yet I will not do so by thee; though thou hast set light by me and all my mercies, yet they and myself are thine. What wouldst thou have that I can give thee? And what dost thou want that I can not give thee? If anything I have will give thee pleasure, thou shalt have it. Wouldst thou have pardon? I freely forgive thee all the debt. Wouldst thou have grace and peace? Thou shalt have both. Wouldst thou have myself? Behold I am thine, thy friend, thy Lord, thy brother, husband and head. Wouldst thou have the Father? I will bring thee to him, and thou shalt have him, in and by me.” These were my Lord’s reviving words.

* * * * *

If _bounty and compassion_ be an attractive of love, how immeasurably, then, am I bound to love him! All the mercies that have filled up my life, all the places that ever I abode in, all the societies and persons I have been conversant with, all my employments and relations, every condition I have been in, and every change I have passed through, all tell me that the fountain is overflowing goodness. Lord, what a sum of love am I indebted to thee! And how does my debt continually increase! How should I love again for so much love? But shall I dare to think of requiting thee, or of recompensing all thy love with mine? Will my mite requite thee for thy golden mines, my faint wishes for thy constant bounty; mine, which is nothing, or not mine, for thine, which is infinite and thine own? Shall I dare to contend in love with thee, or set my borrowed languid spark against the sun of love?

* * * * *

No, Lord, I yield; I am overcome. O blessed conquest. Go on victoriously and still prevail, and triumph in thy love. The captive of love shall proclaim thy victory; when thou leadest me in triumph from earth to heaven, from death to life, from the tribunal to the throne! myself, and all that see it, shall acknowledge thou hast prevailed, and all shall say, “Behold how he loved him.”—_From Baxter’s “Saint’s Rest,” abridged by Fawcett._

[_May 11._]

For we, being accustomed to a careless and perfunctory performing of these duties, can not but find it a hard and difficult matter to keep our hearts so close unto them as to perform them as we ought to do, and so as that we may be really said to do them. For we must not think that sitting in the church while the word of God is preached, is hearing the word of God, or being present there while prayers are read is real praying; no, no, there is a deal more required than this to our praying to the great God aright; insomuch that, for my own part, I really think that prayer, as it is the highest, so it is the hardest duty that we can be engaged in; all the faculties of our souls as well as members of our bodies being obliged to put forth themselves in their several capacities, to the due performance of it.

And as for these several graces and virtues with which our souls must be adorned withal, before they ever can come to heaven, though it be easy to talk of them, it is not so to act them. I shall instance only in some few, as to love God above all other things, and other things only for God’s sake; to hope on nothing but God’s promises, and to fear nothing but his displeasure; to love other men’s persons so as to hate their vices, and so to hate their vices as still to love their persons; not to covet riches when we have them not, nor trust on them when we have them; to deny ourselves that we may please God, and to take up our cross that we may follow Christ; to live above the world whilst we are in it, and to despise it whilst we use it; to be always upon our watchguard, strictly observing not only the outward actions of our life, but the inward motions of our hearts; to hate those very things which we used to love, and to love those very duties which we used to hate; to choose the greatest affliction before the least sin, and to neglect the getting of the greatest gains rather than the performing of the smallest duty; to believe truths which we can not comprehend, merely upon the testimony of one whom we never saw; to submit our own wills to God’s and to delight ourselves in obeying him; to be patient under sufferings, and thankful for all the troubles we meet with here below; to be ready and willing to do and suffer anything we can for him who hath done and suffered so much for us; to clothe the naked, feed the hungry, relieve the indigent, and rescue the oppressed to the utmost of our power; in a word, to be every way as pious toward God, as obedient to Christ, as loyal to our prince, as faithful to our friends, as loving to our enemies, as charitable to the poor, as just in our dealings, as eminent in all true graces and virtues, as if we were to be saved by it; and yet by no confidence in it, but still look upon ourselves as unprofitable servants, and depend upon Christ, and Christ alone for pardon and salvation.—_From “Private Thoughts upon Religion and a Christian Life,” by Bishop Beveridge._

[_May 18._]

Now, upon the bank of the river, on the other side, they saw the two Shining Men again, who there waited for them. Therefore, being come out of the river, they saluted them, saying: “We are ministering spirits, sent forth to minister for those who shall be heirs of salvation.” Thus they went toward the gate.

Now, you must note that the city stood upon a mighty hill; but the pilgrims went up that hill with ease, because they had these two men to lead them up by the arms; they had likewise left their mortal garments behind them in the river; for though they went in with them, they came out without them. They therefore went up here with much agility and speed, though the foundation upon which the city was framed was higher than the clouds; they therefore went up through the regions of the air, sweetly talking as they went, being comforted because they safely got over the river, and had such glorious companions to attend them.

The talk that they had with the Shining Ones was about the glory of the place; who told them that the beauty and glory of it was inexpressible. There, said they, is “the Mount Zion, the heavenly Jerusalem, the innumerable company of angels, and the spirits of just men made perfect.” You are going now, said they, to the paradise of God, wherein you shall see the tree of life, and eat of the never fading fruits thereof; and, when you come there, you shall have white robes given you, and your walk and talk shall be every day with the King, even all the days of eternity. There you shall not see again such things as you saw when you were in the lower region, upon the earth, to-wit: sorrow, sickness, affliction and death; “for the former things are passed away.” You are going now to Abraham, to Isaac, and to the prophets, men that God hath taken away from the evil to come, and that are now resting upon their beds, each one walking in his righteousness. The men then asked, What must we do in the holy place? To whom it was answered: You must there receive the comfort of all your toil, and have joy for all your sorrow; you must reap what you have sown, even the fruit of all your prayers, and tears, and sufferings for the King by the way. In that place you must wear crowns of gold, and enjoy the perpetual sight and visions of the Holy One; for there you shall see him as he is. There also you shall serve him continually with praise, with shouting and thanksgiving, whom you desired to serve in the world, though with much difficulty, because of the infirmity of your flesh. There you shall enjoy your friends again that are gone thither before you, and there you shall with joy receive even every one that follows into the holy place after you. There also you shall be clothed with glory and majesty, and put into an equipage fit to ride out with the King of Glory.… Also when he shall again return to the city, you shall go too, with sound of trumpet and be ever with him.—_From Bunyan’s Pilgrim’s Progress._

[_May 25._]

If we can make this with ourselves: I was in times past dead in trespasses and sins, I walked after the prince that ruleth in the air, and after the spirit that worketh in the children of disobedience; but God, who is rich in mercy, through his great love, wherewith he loved me, even when I was dead, hath quickened me in Christ. I was fierce, heady, proud, high minded, but God hath made me like a child that is newly weaned. I loved pleasures more than God; I followed greedily the joys of this present world; I esteemed him that erected a stage or theater more than Solomon which built a temple to the Lord; the harp, viol, timbrel, and pipe, men singers and women singers were at my feast; it was my felicity to see my children dance before me; I said of every kind of vanity, O how sweet art thou unto my soul! All which things are now crucified to me, and I to them; now I hate the pride of life, and the pomp of this world; now I take as great delight in the way of thy testimonies, O Lord, as in all riches; now I find more joy of heart in my Lord and Savior, than the worldly minded man when “his possessions do much abound;” now I taste nothing sweet but the bread which came down from heaven, to give life unto the world; now my eyes see nothing but Jesus rising from the dead; now my ears refuse all kinds of melody, to hear the song of them that have gotten the victory of the beast and of his image, and of his mark, and of the number of his name, that stand on the sea of glass, “having the harps of God, and singing the song of Moses the servant of God, and the song of the Lamb, saying, Great and marvelous are thy works, Lord God Almighty; just and true are thy ways, O King of saints.” Surely, if the Spirit have been thus effectual in the sacred work of our regeneration with newness of life, if we endeavor thus to form ourselves anew, then we may say boldly with the blessed apostle, in the tenth to the Hebrews: We are not of them that withdraw ourselves to perdition, but which follow faith to the salvation of the soul.…

The Lord of his infinite mercy give us hearts plentifully fraught with the treasure of this blessed assurance of faith unto the end.—_From Hooker._

* * * * *

All men have a rational soul and moral perfectibility; it is these qualities which make the poorest peasant sacred and valued by me. Moral perfectibility is our destiny, and here are opened up to the historian a boundless field and a rich harvest.—_Forster._

READINGS IN ART.

II.—THE PAINTERS AND PAINTINGS OF NORTHERN EUROPE.

This paper is abridged from “German, Flemish and Dutch Paintings,” by H. J. Wilmot Buxton, M.A., and Edward J. Poynter, R.A.

Art in Germany and the Netherlands may be considered as beginning about the middle of the fourteenth century. There is, however, no name of importance in the German school of artists until the time of Albrecht Dürer. Before him painters had shown little or no originality in their work. They had followed the Byzantine models largely, and had been influenced by the servile and narrow influences of the middle ages. With the new intellectual and spiritual life which sprang up in the fifteenth century, artistic life awoke in Germany. Dürer was the first and greatest master of the school. He was born in Nuremberg on the 21st of May, 1471.

His father was a Hungarian, who settled in Nuremberg as a goldsmith. Albrecht Dürer was taught his father’s trade, but fortunately his talent for art was observed, and he was sent, in 1484, a boy of thirteen years, to Schongauer. In 1486 he was apprenticed to Michael Wolgemut for three years. From the studio of his master, Albrecht Dürer passed, in the year 1490, to a new world—he traveled; and in those “wander-years,” which lasted till 1494, he was doubtless laying in stores of learning for the after-time; but unfortunately we know nothing of those years, except that he had a glimpse of Venice, the first sight of the Italian paradise which, in his case, though seen again, never made him unfaithful to the art of his fatherland. In 1494, Albrecht Dürer returned to Nuremberg, and married Agnes Frey, the daughter of a singer. He received two hundred florins with his wife for her dowry, and it has been said that with her he found more than two thousand unhappy days. In 1506, Dürer again traveled to Italy, and found a warm welcome from the painters at Venice, a city which he now beheld for the second time. Doubtless he learned much from the works which he saw, and the criticism which he heard, but, fortunately for his country, he could go to Italy without becoming a copyist. Giovanni Bellini paid him especial honor, and Dürer tells us that he considered Bellini “the best painter of them all.”