The creation of "self-granting" documents could, I suppose, be great fun (or at least mildly amusing on a slow news day 
) but as noted serve no legal purpose. And IMO (de gustibus & all that) the silliness and puffery of most of the grants I’ve seen doesn’t sit well. I’m similarly uncomfortable with some of the IMO archaic/flowery language in the registration certificates of the ACH. Mike Swanson’s USHR certificates, by contrast, exhibit IMO a welcome simplicity, though the use of the term "armiger"—essentially a foreign high-sounding term evoking IMO decidedly non-republican images—in the portion of the registration re: the creation or background of the arms, is one I would ask him to omit if & when I get around to registering my arms with the USHR. (Whether he would comply would of course be up to him.)
For self-generated displays, I would think that either a cleanly-drawn pedigree headed with or accompanied by the arms, without a lot of verbiage, would look nicer—but my tastes tend towards the Bauhaus approach more than the Gothic—simpler is better, in certificates as well as in the arms themselves.
If a written description of the arms is desired, something more along the lines of the USHR certificates would IMO be preferable, substituting "adopted" or "assumed" for "registered with…" and omitting any "whereas" clauses. Its not a legal document so why pretend?
But of course, to each his own.
There might be some benefit. First, genealogists search county records, so a future researcher would come across it and have a record of what your arms and where you were when you made the document. Second, it provides a record date if you needed to prove heirship for the limited purposes outlined in Mr. McMillan’s summary of American court cases relying on arms as evidence.
At least in Texas, so long as the document doesn’t purport to be a judgment or affecting the title to land, the county clerk has no discretion as to what she may accept for filing. And under Texas law, a filed document is considered notice to the public of the document’s existence and its contents. Nowadays, they just take your fee and file the document. And again, at least in Texas, all documents are indexed by the grantor’s name.
I don’t think the document hurts at all, if you’re inclined to do it. It is a little too governmental and letters patent-ish for my taste. I’ve taken a stab at drafting, and my take follows, with several alternate choices available:
THIS DEED is made the date day of month, [in the year of our Lord] [in the year of the Common Era] two thousand and eight [and of the Independence of the United States of America the two hundred and thirty-third]
BY name of armiger (“Armiger”)
WHEREAS
Heraldry, the use of hereditary emblems identifying and distinguishing individuals, families, and collective bodies, is a vibrant part of American life that came to our country with the first European settlers, was used and appreciated by Revolutionary patriots, and continues to flourish today.
While some countries have laws or traditions limiting this right to bear arms without official approval, those laws have no force whatsoever in the United States.
There is no legal impediment preventing any person in the United States from designing, adopting, and using an original coat of arms of the person’s choice.
It is the Armiger’s desire to adopt and use suitable armorial bearings by such right.
[Suitable armorial bearings have been designed for Armiger [by name of heraldic designer to represent design rationale.]
NOW THIS DEED WITNESSES AS FOLLOWS:
By this Deed, Armiger or full name of armiger adopts the following armorial bearings: blazon of arms and for a crest, on a wreath of the colors blazon of the crest [and for a badge blazon of badge, [all as more plainly depicted below:]
Armiger or full name of armiger adopts the armorial bearings described for the Armiger and the Armiger’s heirs in accordance with the laws, traditions, customs and usages relating to armorial bearings in the United States of America, including the Guidelines for Heraldic Practice in the United States recommended by the American Heraldry Society. Armiger reserves the right to amend or revoke this Deed in writing, including a specific provision in Armiger’s will
[The armorial bearings adopted by Armiger have been registered with the following heraldic registers: list any available registration details.]
This Deed is not intended to, and does not affect, any interest in real property.
IN WITNESS WHEREOF, I have signed this Deed on the day and year first above written.
State [Commonwealth] of state name §
County of county name §
SWORN TO AND SUBSCRIBED before me, the undersigned authority, by name of armiger on month day, year.
Notary Public in and for the State [Commonwealth] of state name
My commission expires: expiration date
Hugh, recognizing that you’re not my lawyer and I’m not your client and we therefore have no lawyer-client relationship and I promise not to sue you for legal malpractice if you’re later proven wrong, etc., etc.:
Would it not be equally valid to prepare such a deed without all the whereas-es, thus:
Quote:
THIS DEED is made the date day of month, [in the year of our Lord] [in the year of the Common Era] two thousand and eight [and of the Independence of the United States of America the two hundred and thirty-third]
BY name
WITNESSES AS FOLLOWS:
By this Deed, full name of armiger adopts the following armorial bearings: blazon of arms and for a crest, on a wreath of the colors blazon of the crest [and for a badge blazon of badge, [all as more plainly depicted below][and as registered/recorded with (name of registries, if any)]
to be borne by himself and his heirs in accordance with the laws, traditions, customs and usages relating to armorial bearings in the United States of America, including the Guidelines for Heraldic Practice in the United States recommended by the American Heraldry Society.
Is there a word that avoids armiger? Grantor doesn’t seem right; maybe claimant? reserves the right to amend or revoke this Deed in writing, including a specific provision in claimant’s? last will and testament.
This Deed is not intended to, and does not affect, any interest in real property.
IN WITNESS WHEREOF, I have signed this Deed on the day and year first above written.
State [Commonwealth] of state name §
County of county name §
SWORN TO AND SUBSCRIBED before me, the undersigned authority, by name of armiger on month day, year.
Notary Public in and for the State [Commonwealth] of state name
My commission expires: expiration date
Joe: Yes, "whereas" clauses or recitals are not required but are sometimes helpful to demonstrate the intent or spirit of a document. "Grantor" is the accurate description of the person executing the document. You could just use the person’s last name or use personal pronouns throughout, which would also take care of the gender-specific language. Also, most statutes and courts refer to a person’s will, "last will and testament" being somewhat archaic.
Overall, tho, the edits you made work.
When I assumed my arms, I posted this on the forum…short…sweet and to the point:
Quote:
I David Ryan Shorey of Sacramento, California, United States of America do hereby publish and declare that on this date, March 29, 2006 I assumed a Coat of Arms, to wit:
Arms: Sable, an heraldic dolphin naiant Or and a chief embattled Vert
fimbriated Or.
Crest: A Cornish Chough speaking proper his dexter foot grasping the point
of a mullet Gules.
Motto: Siempre Adelante
Mantling: Vert doubled Or.
David R. Shorey
Sacramento, California
Hugh Brady;60773 wrote:
Joe: Yes, "whereas" clauses or recitals are not required but are sometimes helpful to demonstrate the intent or spirit of a document.
Since such a document is meant to be read, I think it should be both legal(istic) and educational. This would benefit heraldic heirs and heraldic scoffers who think arms for for the elite. That’s why I rewrote the intro to address this….
Hugh Brady;60758 wrote:
It is a little too governmental and letters patent-ish for my taste.
Caught me, that is the model I tried to follow. And while I certainly agree that the "whereas" clauses have no legal effect (indeed, in the absence of a legal regime protecting individual arms, the whole document is without legal effect), the preamble serves to explain the action and might be useful to those inheriting the arms.
I will note that I used the language requiring a specific reference in the will (which the other forms have followed) to avoid concerns that a standard residuary clause might unintentionally alter the course of descent. (Again, in the absence of legal protection, probably a pedantic concern.)
I have no objection to anyone who finds any of the language useful for this purpose using it, provided it is understood as, for lack of a better word, literature and not as legal advice. It is not my intention by using this forum to enter into a lawyer-client relationship with anyone.
Jay Bohn wrote:
It is not my intention by using this forum to enter into a lawyer-client relationship with anyone.
Really? 
I’m torn between Dave’s approach and Michael’s USHR approach. I utterly despise the excessive use of the word "whereas". It makes the document sound too much like the UN Preamble.
Stephen R. Hickman;60795 wrote:
I’m torn between Dave’s approach and Michael’s USHR approach.
Do both. It can’t hurt and in the, however unlikely, event that you are taking someone to court about the usurpation of your arms, it is just one more piece of evidence dating when you began to use it (assuming you have a notary public play with it.) Also, if the assumption document is done well, both would look excellent mounted and framed.
I see both approaches as complimentary. Having an assumption document notarized will put a legally recognized date to when you assumed the arms, or at least when the document was signed. Being registered with USHR has many of its own benefits. It may not have as high a legal standing as a notarized document (though, this may change if he publishes his work in a hard-copy book form), but it makes your arms much more easily accessible to the public and your family. You may also find it nice to be included in a registry with your heraldic peers from across the US. Don’t forget the fine and reasonably priced art work.
Stephen R. Hickman;60795 wrote:
I utterly despise the excessive use of the word "whereas". It makes the document sound too much like the UN Preamble.
Actually, the preamble to the U.N. Charter does not contain the word "whereas." http://www.un.org/aboutun/charter/index.html
Something like the topic of this thread was discussed briefly last fall in the "Heraldic Laws & Customs" section of the forum, under the heading: "Letters Paten." (I don’t know how to insert a link here, so you’ll have to go looking.)
When I have designed arms for others, I have included in the final presentation packet "letters patent" as described before. My concerns were not at all legal, but entirely to celebrate the advent of a new armiger in the world. I wanted to produce a decorative document that would help them celebrate their arms and, when beautifully framed and prominently displayed, make all their friends envious.
For these purposes, I have kept the courtly style of traditional letters patent, toned down a bit to suit our non-courtly circumstances. I have kept the "whereas" clauses to a minimum. To avoid talking down to would-be readers, I have not included an explanation of the history of heraldry.
As for the text, I’ve taken two tacks. In the sample posted ealier, I, as "armorist," announce that so-and-so has assumed these arms. This seemed appropriate for persons who wanted to assume arms, but did not pretend to know much about heraldry. More recently, I have also drawn up a model suitable for more knowledgeable persons, capable of declaring for themselves their assumption of arms. This new text runs as follows:
<div class=“bbcode_indent” >
To all to whom these Presents shall come
I [full name of armiger] send Greeting!
Whereas the Laws of Arms allow that any Persons not prevented by Law or by dishonor may freely adopt unto their use Armorial Ensigns such as may be borne without prejudice to any other —
And forasmuch as it behooves that those who adopt Armorial Ensigns declare the same to the end that all may take notice and have knowledge thereof —
Be it known therefore that I [full name of armiger] of [place of residence and, optionally, other identifying information] did on the [ordinal date] day of [month] in the year of our Lord [year] adopt unto myself and my descendants the Arms following that is to say [blazon] and for a Crest upon a Helm with a Wreath of the colors [blazon] mantled [tinctures] and for a Motto [text] and for a Badge [blazon] as the same are in the margin hereof more clearly depicted the said Arms and Devices henceforth to bear and advance according to the Laws of Arms —
In witness whereof I the said [full name of the armiger] have hereunto subscribed my Name [and affixed my Seal] this [ordinal date] day of [month] in the year of our Lord [year] and of the Independence of the United States of America the [ordinal year]
</div>
Dohrman Byers;60817 wrote:
Something like the topic of this thread was discussed briefly last fall in the "Heraldic Laws & Customs" section of the forum, under the heading: "Letters Paten." (I don’t know how to insert a link here, so you’ll have to go looking.)
I do: http://www.americanheraldry.org/forums/showthread.php?t=3683
Fr. Dohrman drafted a very nice document for me to declare assumption of arms. I am away from my own computer and so don’t have the document to post here—if Fr. Dohrman wouldn’t mind posting it, I would be grateful.
We’re waiting on some artwork from Sandy Turnbull to insert in the document, and I’ve had wax seals made from http://www.waxseals.com
The whole thing should look quite nice when finished, whether or not it has legal bearing. Those who stand to inherit the arms know it and it’s nice to have an "original" document to pass on to them.
Per Tim’s request:
http://img90.imageshack.us/img90/8485/powerslpjk4.th.png
(It’s a little off center, but everything is visible.)
