Assumption document

 
Jay Bohn
 
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Jay Bohn
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16 July 2008 10:16
 

Have those here who have assumed arms simply started using them or has anyone come up with a formal document to do so (in lieu of letters-patent)?

Such a document not only provides some proof of the assumption, but could be a decorative item in itself. It is also an opportunity to put inheritence rules in writing as recommended by the Guidelines.

 

I have come up with the following draft:


Quote:

To All and Singular to Whom these Presents shall come, <<<name and place of assumer>>, sends Greeting!

Whereas, for centuries past various ladies and gentlemen in Europe and European influenced countries have made use of armorial bearings, hereditary emblems centered on a shield to identify and distinguish individuals, families, and collective bodies; and whereas, certain states have, by positive law, restricted the use of armorial bearings to those specifically granted or conceded by agents of the state; but whereas, neither the United States, nor any of them, has ever established such a restriction, thus leaving their citizens free to assume armorial bearings which are equally valid as those granted by any king, prince or foreign state, and whereas, it is my desire to assume, have and use suitable armorial by such right, and whereas, <<design rationale, perhaps reference to designer>>.

 

Now, therefore, I, the said <<name of assumer>>, have adopted and do by these presents adopt the following armorial bearings, that is to say: arms: <<blazon>>; crest: <<blazon>>; badge: <<if desired>>, all as more plainly depicted in the margin hereof and which have been registered <<any available registration details>>, to be held and used by myself and my descendants, both as to the manner of their use and the course of their descent, in accordance with the law, traditions, customs and usages appertaining to arms in the United States of America, as same shall now be practiced or hereafter develop, and of which the Guidelines for Heraldic Practice in the United States recommended by the American Heraldry Society, as now existing or as may be amended from time to time, shall be prima facie evidence; reserving, however, always to myself the power the amend or revoke these presents, including the power to alter the arms assumed herein, the manner of their use and the course of their descent, by inter vivos instrument or by specific reference in my will.

 

In witness whereof I have hereunto subscribed my name <<possible reference to personal seal>>

 

Done at <<place>>, this ___ day of ____, in the year [of our Lord] two thousand eight and of the Independence of the United States of America the _________.

 

 
Terry
 
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Terry
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16 July 2008 10:28
 

Jay,

Nice work.  I have been thinking of something such as this for a while but have not had the time to work on it.  I know this is a draft so give me a bit to think about it and I may be able to come up with something helpful….or not smile

 

Terry

 
David E. Cohen
 
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David E. Cohen
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16 July 2008 10:32
 

Analogous to a deed poll, as is used in England and some historically "related" countries.  One question would be where to file it, so as to put the general public on notice.

 
kimon
 
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kimon
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16 July 2008 11:06
 

I like the text a lot. Perhaps this could even be notarized?

 
Dale Challener Roe
 
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Dale Challener Roe
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16 July 2008 11:19
 

Not three days ago I was considering this question myself.  I found the text of a grant and spent some time marking it up to be used the same way.

I have to say your text is much better. :D

 
Michael Swanson
 
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Michael Swanson
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16 July 2008 11:23
 

I don’t get the reference to Independence and the last blank.

Mike

 
Jay Bohn
 
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Jay Bohn
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16 July 2008 11:44
 

Michael Swanson;60738 wrote:

I don’t get the reference to Independence and the last blank.

Mike


Formal U.S. Presidential documents (commissions, proclamations) often end the dating section by measuring from the adoption of the Declaration of Independence, thus, since July 4th we are now in the 233rd year of the Independence of the United States.

 
Michael Swanson
 
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Michael Swanson
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16 July 2008 12:06
 

Thanks.  A clearer template, for me, anyway:

Done at <<place>>, this ___ day of ____, in the year [of our Lord] two thousand eight and in the ____ year of the Independence of the United States of America.

 
Hugh Brady
 
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Hugh Brady
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16 July 2008 12:09
 

Michael Swanson;60741 wrote:

Thanks.  A clearer template, for me, anyway:

Done at <<place>>, this ___ day of ____, in the year [of our Lord] two thousand eight and in the ____ year of the Independence of the United States of America.


But that doesn’t quite track. It’s either "in the 2008th year of our Lord and in the 233rd year of the Independence of the United States of America," or the original as stated above.

 
Hugh Brady
 
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Hugh Brady
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16 July 2008 12:11
 

kimon;60736 wrote:

I like the text a lot. Perhaps this could even be notarized?


I don’t see why one couldn’t acknowledge the document before a notary. Might depend on what state you live in, but generally you can acknowledge any document you have executed before a notary or other competent officer.

 
egerland
 
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egerland
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16 July 2008 12:23
 

Whereas, for centuries past various ladies and gentlemen in Europe and European influenced countries have made use of armorial bearings…

How about:  Whereas, according to the ancient customs of Christendom and those lands settled by Europeans, men and women of honor have made use of armorial bearings…

 

I hope non-Christians in the forum are not offended - certainly not my intent.  smile

 
Joseph McMillan
 
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Joseph McMillan
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16 July 2008 12:33
 

I would think perhaps the key is whether you could induce the clerk of the appropriate county court to allow you to record the document.  Otherwise, you could probably put a notice in the legal columns of the local newspaper of record.

 
Michael Swanson
 
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Michael Swanson
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16 July 2008 13:01
 

egerland;60744 wrote:

How about:  Whereas, according to the ancient customs of Christendom and those lands settled by Europeans, men and women of honor have made use of armorial bearings…


I think it would lead to misunderstandings.  Perhaps:


Quote:

To All and Singular to Whom these Presents shall come, <<<name and place of assumer>>, sends Greeting!

Whereas, for centuries individuals and their descendant families have used armorial bearings as hereditary emblems; whereas, for centuries individuals and collective bodies have used armorial bearings as symbols of public identity; whereas citizens in some countries may not freely adopt arms; whereas citizens in a greater number of countries do not bear the yoke of such restrictions; whereas, the United States, when it absolved its allegiance to the British Crown, blessed its citizens with the freedom to adopt armorial bearings which possess no less validity than those granted by its colonies’ defeated whilom monarch; whereas, it is my desire to adopt, have and use suitable armorial bearings by such right; and whereas, <<design rationale, perhaps reference to designer>>.

 

Quote:

Done at <<place>>, on <<Month, Day>>th in the year of <<[ our Lord] [the Common Era]>> <<current year>> and in the year of the Independence of the United States of America <<current year minus 1776>>.

 

 
Jeremy Keith Hammond
 
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Jeremy Keith Hammond
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16 July 2008 13:34
 

This was something I too had been planning to do as a supplement to my registration with USHR. Some states (at least they used to) require the notary public to include a blue wax seal which would not only make the document a nice way to declare your assumption of arms, but also make it look really fancy. You know… if you’re into that kind of thing wink

I’ve had conversations with others about what kind of document might be appropriate to declare assumption/adoption of arms in the States. If you can write anything, like this, and just have it witnessed by a notary public, great. But some have suggested filing an affidavit or drafting a statutory declaration. I don’t know much of the legalities behind all of these, but anything that would set in stone the date of assumption and even preferences regarding the use of arms which could be brought into court (if even necessary).

 
Jay Bohn
 
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Jay Bohn
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16 July 2008 13:45
 

David E. Cohen;60735 wrote:

Analogous to a deed poll, as is used in England and some historically "related" countries.  One question would be where to file it, so as to put the general public on notice.


I do not believe recording in the local deed office would have any benefit. Although the specific effect of recording is a matter of state law,such a document is not the type that anyone would be looking for and would not likely be indexed in a useful manner. I think we are left with the private registries.

 
David E. Cohen
 
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David E. Cohen
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16 July 2008 14:15
 

I don’t want to denigrate your efforts, but if there is no benefit to recordation (and I agree, there probably would not be, even if such a document were accepted for recordation), then why bother?  Unless, as you say in the first post, it is an opportunity to create a decorative item.  As far as inheritance goes, it could be set forth in the will of the armiger, which is more likely to be read by his or her heirs, since they will be looking to a will for the disposition of the assets of a decedent armiger, rather than in a certificate which the heirs may not even realize exists.